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HomeMy WebLinkAbout01.03.17 Council Packet Meeting Location: Farmington Farmington City Hall Minnesota 430 Third Street Farmington,MN 55024 CITY COUNCIL REGULAR MEETING AGENDA January 3, 2017 7:00 P.M. Action Taken 1. CALL TO ORDER 7:00 P.M. Swearing In Ceremony for Office of Mayor and City Councilmember 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA S. ANNOUNCEMENTS/COMMENDATIONS 6. CITIZEN COMMENTS/RESPONSES TO COMMENTS(This time is reserved for citizen comments regarding non-agenda items.No official action can be taken on these items. Speakers are limited to five minutes to address the city council during citizen comment time.) a) Response to Mr. Ellsworth Hoeppner Information Received 7. CONSENT AGENDA b) Approve Minutes of the December 19, 2016 City Council Meeting— Administration Approved c) Annual Report City Council, Boards and Commission Attendance— Administration Information Received d) Approve Lighting Service Contract Termination—Municipal Services Approved e) Approve Purchase of Aerial Bucket Truck—Municipal Services Approved f) Appointment Recommendation Public Works/Engineering—Human Resources Approved g) Approve Seasonal Hiring—Human Resources Approved h) Approve Dakota County Sentenced to Service Contract-Engineering Approved i) Approve Bills - Finance Approved REGULAR AGENDA 8. PUBLIC HEARINGS a) Approve On-Sale and Sunday Liquor License—Las Enchiladas Approved 9. AWARD OF CONTRACT 10. PETITIONS,REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) Annual Organizational Matters R1-17 13. CITY COUNCIL ROUNDTABLE 14. ADJOURN itit4Rif4, City of Farmington ti p 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 ` •„ ��. www.cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: David McKnight, City Administrator SUBJECT: Swearing In Ceremony for Office of Mayor and City Councilmember DATE: January 3, 2017 INTRODUCTION The November 2016 General Election included contests for the office of mayor and two city councilmembers. The winners of those contests will be sworn in to their respective offices on Tuesday, January 3, 2017. DISCUSSION The city administrator will administer the oath of office to Mayor Todd Larson and City Councilmembers Terry Donnelly and Robyn Craig as a result of the November 2016 General Election. All of these offices are four year terms. BUDGET IMPACT NA ACTION REQUESTED The city administrator will administer the oath of office to Mayor Todd Larson and City Councilmembers Terry Donnelly and Robyn Craig. �o� r►�ii�► City of Farmington c1~a z 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 '''n.4 moo* www.cifasmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: David McKnight, City Administrator SUBJECT: Response to Mr. Ellsworth Hoeppner DATE: January 3,2017 INTRODUCTION Attached for your review is the response sent to Mr. Ellsworth Hoeppner on the issues he raised at your December 19,2016 city council meeting. Mr. Hoeppner had questions on a semi-trailer parked in a yard near his home along with a question on proposed 2017 taxes on his home. DISCUSSION NA BUDGET IMPACT NA ACTION REQUESTED Acknowledge the response sent to Mr. Ellsworth Hoeppner. ATTACHMENTS: Type Description o Backup Material Response to Ellseworth Hoeppner 1MI �, City of Farmington 430 Third Street Farmington,Minnesota °e, Aa�ocs 651.280.6800•Fax 651.280.6899 www ci.farmington.mnus December 20, 2016 Mr. Ellsworth Hoeppner 27 Walnut Street Farmington, MN 55024 RE: Citizen Comments Issues Dear Ellsworth: Thank you for attending the December 19, 2016 Farmington City Council meeting and sharing your thoughts on the parking of a semi-trailer in a yard near your residence and your concern about taxes. City staff inspected the property that you raised concerns about on December 20, 2016 and started enforcement action to have the semi-trailer removed from the yard. If you have specific questions about this issue please contact Tony Wippler at 651-280-6800 and he can assist you. You raised questions about your proposed tax increase at the meeting as well. In reviewing your tax statement for 2017 (attached) it appears that the primary reason for the significant proposed increase for next year is related to the estimated market value and taxable market value increases. Your taxable market value is proposed to increase approximately 27%in 2017. In addition;the county, city and school district have approved tax levy increases for 2017. The city and school district increases will be less than the amount shown on your statement since both entities reduced their final tax levies from the proposed amounts used to determine the amounts on your statement. If you have questions on the value of your property please contact the Dakota County Assessor's Office at 651-438-4200. The county sends out valuation notices for the upcoming year in approximately March of each year along with your current year tax statements. If you have any questions please let me know. Thank you for your time on this important matter. Best wishes, David J. McKnight City Administrator �o�EAR�y � City of Farmington 430 Third Street C) Farmington, Mirmesota o o 651.280.6800 -Fax 651.280.6899 4,.,,,, a� www.cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: David McKnight, City Administrator SUBJECT: Approve Minutes of the December 19, 2016 City Council Meeting-Administration DATE: January 3, 2017 INTRODUCTION Attached for your review are the minutes from the December 19, 2016 city council meeting. DISCUSSION NA BUDGET IMPACT NA ACTION REQUESTED Approve the minutes from the December 19, 2016 city council meeting. ATTACHMENTS: Type Description D Backup Material December 19, 2016 City Council Minutes CITY OF FARMINGTON CITY COUNCIL MINUTES REGULAR MEETING DECEMBER 19,2016 1. Call to Order Mayor Larson called the meeting to order at 7:00 pm. 2. Pledge of Allegiance Mayor Larson led those in attendance in the pledge of allegiance. 3. Roll Call Present-Larson, Bartholomay, Bonar, Donnelly and Pitcher Absent-None Staff Present-Administrator McKnight, Finance Director Hanson, Community Development Director Kienberger, Human Resources Director Wendlandt, Parks and Recreation Director Distad, Liquor Operations Manager Peterson and Attorney Monge. 4. Agenda Motion by Bartholomay,second by Bonar,to approve the agenda with a revision on item 7F. The revenue from this settlement will be placed in the General Fund not the General Capital Equipment Fund. APIF, motion carried. 5. Announcements/Commendations A. Recognition of Councilmember Douglas Bonar Mayor Larson presented Councilmember Bonar with a plaque thanking him for his service to the City of Farmington as this is his last meeting. B. Farmington Liquor Stores Update Liquor Operations Manager Peterson presented an update on activities at the liquor stores. Recently the stores held a fundraising drive that raised $2,446.53 and 734 pounds of food for the 360 Communities Farmington Food Shelf. Peterson reported on sales activity in the two stores for the year. Overall the numbers are up as a whole with the Pilot Knob store up significantly and the downtown store slightly below December 19,2016 Minutes -1- 2015 numbers to date. The city council thanked Peterson for his work on the stores and also thanked him for the continued success. 6. Citizen Comments Ellsworth Hoeppner,27 Walnut Street, addressed the city council about a truck trailer that is parked in a yard on First Street near his home. He thought this was against city code and wanted this issue looked into. In addition, Mr. Hoeppner inquired into the proposed increase to his proposed taxes for 2017. Mr. Hoeppner stated that his taxes tripled since last year,going up$227. 7. Consent Agenda Motion by Bartholomay,second by Pitcher,to approve the consent agenda: a) Approve Minutes of the December 5, 2016 City Council Meeting-Administration b) Approve Minutes of the December 12, 2016 City Council Work Session-Administration c) 2016 Tree City USA Recertification-Engineering d) Approve Proposal for Engineering Services for Development Review-Engineering e) Adopt Resolution R94-2016 Declaring Surplus Property-Fire f) Approve Release and Settlement Agreement-Fire g) Approve Seasonal Hiring-Human Resources h) Acknowledge Retirement Fire Department-Human Resources i) Acknowledge Resignation Fire Department-Human Resources j) Acknowledge Retirement Liquor Operations-Human Resources k) Appointment Recommendation Finance Department-Human Resources I) Approve Bills-Finance APIF, motion carried. 8. Public Hearings None 9. Award of Contract None 10. Petitions, Requests and Communications A. Final Recommended 2017 Operating Budgets and Tax Levy Finance Director Hanson presented the final recommended version of the 2017 operating budget and proposed tax levy. December 19,2016 Minutes -2- The final recommended budget and tax levy for 2017 is as follows: 2016 Budget 2017 Proposed Final Change Budget General Fund $11,798,225 $12,203,490 3.43% Expenditures Less:General Fund $3,051,155 $3,107,737 1.86% Revenues Less: Fiscal $2,104,764 $2,136,834 1.52% Disparities General Fund Tax $6,642,406 $6,958,919 Levy Debt Levy $2,970,848 $3,037,903 2.26% Proposed 2017 Net $9,613,254 $9,996,822 3.99% Tax Levy The proposed final levy is a reduction from the preliminary 2017 levy that was set in September. The preliminary levy was a 4.94%increase. The proposed budget and tax levy were presented at the December 5, 2016 meeting,the city council chose to delay the vote to this meeting to have a full city council in attendance. Councilmembers all agreed the budget is solid document, it is difficult to raise taxes but the city does have obligations to fulfill, we have looked at areas to reduce,the concerns of residents are being heard and the process has lasted for six months and it is time to act. Motion by Donnelly, second by Bonar,to approve resolution R95-2016 adopting the tax levy for collection in 2017 and approving the 2017 budgets. APIF, motion carried. B. Amendments to the B-3 and B-4 Zoning Districts Planning Manager Wippler presented two ordinance amendments. The first is a proposed amendment to section 10-5-15 of the city code adding recreational vehicles storage as a conditional use to the B-3 (heavy business) zoning district. The second ordinance is a proposed amendment to section 10-5-16 of the city code adding mini storage units, recreational vehicle storage and data centers as conditional uses within the B-4 (neighborhood business)zoning district. The planning commission held a public hearing on these two items and recommended approval of the ordinances to the city council with 5-0 votes. December 19,2016 Minutes -3- Councilmembers all thanked Wippler for bringing this item forward in a timely matter from an issue raised in October of this year. Councilmember Donnelly asked about any comments heard at the public hearing. Wippler shared that some residents from the Third Street area near some impacted parcels did have some general inquiries about the change. Wippler stated he did not have any concerns about future uses of these properties on Third Street due to the current makeup of the lots. Motion by Bartholomay, second by Pitcher,to adopt ordinances 2016-721 and 2016-722 and the summary ordinance adding recreational vehicle storage as a conditional use within the B-3 zoning districts and adding data centers, mini storage units and recreational vehicle storage as conditional uses within B-4 zoning districts. APIF, motion carried. 11. Unfinished Business None 12. New Business None 13. City Council Roundtable Donnelly-Wished everyone happy holidays,shared that he thought the snow fence on Flagstaff Avenue was working,thanked the municipal services employees for their work and thanked Councilmember Bonar for his service. Bartholomay-Wished everyone happy holidays, reminded residents that the 2017 Community Expo is approaching and thanked Councilmember Bonar for his service. Pitcher-Wished everyone happy holidays and thanked Councilmember Bonar for his service. Bonar-Thanked the residents for the opportunity to serve and encouraged the city council to continue to push the envelope. McKnight-Shared the 2017 community calendar that residents will soon be receiving and thanked the police department and others for the successful Toys for Town drive that took place over the weekend. Hanson-Thanked Councilmember Bonar for his service. Kienberger-Shared that a ribbon cutting took place today at the Dollar and Up store. Distad-Warming houses are now open for the season. December 19,2016 Minutes -4- Wendlandt-Thanked Councilmember Bonar for his service. Larson-Wished everyone happy holidays,thanked Councilmember Bonar for his service, encouraged residents to look at the holiday garbage collection schedule,thanked the fire chief and his staff for providing dinner and the tour of fire station one last week and encouraged residents to shop local. Adjourn Motion by Bartholomay,second by Bonar,to adjourn the meeting at 7:51 p.m. APIF, motion carried. Respectfully Submitted David McKnight, City Administrator December 19,2016 Minutes -5- 41AR j ,� City of Farmington 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 ,,,,, mom° www.dfarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Cynthia Muller,Administrative Assistant SUBJECT: Annual Report City Council,Boards and Commissions Attendance-Administration DATE: January 3,2017 INTRODUCTION Section IX of the city council by-laws calls for the submittal of a report stating the number of meetings and the attendance records for the city council and various board and commission members. DISCUSSION The 2016 attendance record for all seats on the city council and boards and commissions is as follows: CITY COUNCIL Mayor Larson Present 39 out of 42 meetings Councilmember Bartholomay Present 37 out of 42 meetings Councilmember Bonar Present 38 out of 42 meetings Councilmember Donnelly Present 35 out of 42 meetings Councilmember Pitcher Present 42 out of 42 meetings PARKS AND RECREATION ADVISORY COMMISSION Dave McMillen Present 13 out of 13 meetings Dustin Johnson Present 11 out of 12 meetings Rob Carpentier Present 10 out of 13 meetings John Moore Present 9 out of 12 meetings Mille Haley Present 6 out of 13 meetings PLANNING COMMISSION Dirk Rotty Present 12 out of 13 meetings John Franceschelli Present 12 out of 13 meetings Lydia Bjorge Present 11 out of 13 meetings Steve Kuyper Present 11 out of 13 meetings Jerry Rich Present 11 out of 13 meetings RAMBLING RIVER CENTER ADVISORY BOARD Marilyn Briesacher Present 11 out of 11 meetings Roger Wood Present 11 out of 11 meetings Fred Schmidtke Present 11 out of 11 meetings Kay Bennett Present 11 out of 11 meetings Blanche Reichert Present 10 out of 11 meetings Marge Koski Present 9 out of 11 meetings Sarah Miller Present 6 out of 11 meetings WATER BOARD Tom Jensen Present 11 out of 11 meetings Mitchell Snobeck Present 11 out of 11 meetings Bill Weierke Present 10 out of 11 meetings HERITAGE PRESERVATION COMMISSION David McMillen Present 6 out of 6 meetings John Franceschelli Present 5 out of 6 meetings Grace Hinton Present 5 out of 5 meetings Zachary Mohlis Present 3 out of 6 meetings Michael Haley Present 3 out of 6 meetings LeeAnn Lehto Present 1 out of 1 meetings ECONOMIC DEVELOPMENT AUTHORITY Todd Larson Present 11 out of 11 meetings Geraldine Jolley Present 11 out of 11 meetings Steve Wilson Present 10 out of 11 meetings Doug Bonar Present 9 out of 11 meetings Jake Cordes Present 9 out of 9 meetings Kirk Zeaman Present 5 out of 7 meetings Steve Corraro Present 5 out of 9 meetings Hannah Simmons Present 2 out of 2 meetings BUDGET IMPACT N/A ACTION REQUESTED For Council information. oEFi4�► City of Farmington y 430 Third Street , Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 ,, . ,,, d° www.cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Todd Reiten,Director of Municipal Services SUBJECT: Approve Lighting Service Contract Termination-Municipal Services DATE: January 3, 2017 INTRODUCTION Wright-Hennepin Response has requested to terminate their lighting service contracts with the city. DISCUSSION The city entered into Lighting Maintenance Service Contracts with Wright-Hennepin Response for street light maintenance along the Spruce Street extension in August of 2007, along Elm Street from Division Street to State Highway 3 in December of 2007, and along 195th Street in January of 2010. Wright-Hennepin Response requested to terminate the contract effective December 31, 2016 as they are winding up the business operations that provided that service.As part of the contract termination, final services listed on Schedule 2 of the attached agreements will be completed by Wright-Hennepin in 2017 however no further payments will be made. The Lighting Service Contract Terminations have been reviewed by the city attorney. Future street light maintenance on those will be performed by city staff and Dakota Electric has indicated they are willing to contract with the city for repairs and maintenance. BUDGET IMPACT The annual payments for the three contracts together equal$8,853.24. That amount will stay in the street light utility fund and be used for maintenance and repairs. ACTION REQUESTED Approve the termination of the contract with Wright-Hennepin Response for street light maintenance effective December 31,2016. ATTACHMENTS: Type Description in Contract Contract termination for 195th Street D Contract Contract termination for Elm& Spruce Streets • Contract Schedule 2 signed . . . • • LIGHTING SERVICE CONTRACT TERMINATION THIS LIGHTING SERVICE CONTRACT TERMINATION (this "Termination") is made as of IMOWINV 2016, by and between WMServices ("Contractor") and the City of Farmington ("Customer"). Contractor and Customer are sometimes each referred to as a "Party"and collectively as the"Paries"herein. RECITALS A. Contractor and Customer entered into one or more Lighting Maintenance Service Contracts dated the following date(s): January.!, 2010 (the"Service Contract(s)")relating to certain lighting maintenance, repair, replacement, and other services specified in such agreements(collectively the"Services").A copy of the Service Contract(s)is/are attached hereto as Exhibit A. B. Contractor is winding-up its business operations which formerly delivered the Services, and desires to secure an agreement from Customer that the Service Contract(s)is/are terminated. C. The Parties desire to document their agreement to terminate the Service Contract(s) and release each other from any further performance as of and after (,D b11 ,.Ir 3 2016(the"Termination Date"). AGREEMENT In consideration of the mutual covenants and conditions contained herein,and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Atecitals. The recitals set forth above are true and correct and are incorporated into and made a substantive part of this Termination. 2. Termination of Service Contract(sZ. The Service Contract(s)shall be deemed, by mutual written agreement of the Parties, to hereby be terminated, null and void,and of no further force or effect,effective as of the Termination Date. Any final financial arrangements or 1 Services to be provided by Contractor and the costs,if any,to be paid by Customer are described in the attached Schedule 2. The Parties agree to perform the arrangements described in Schedule 2,if any. 3. ' Affect of Termination. From and after the Termination Date,each of the Parties shall not be required to make any payments or performance under the Service Contract(s), and each Party is released by the other Party from all contractual requirements under the Service Contract(s). 4. Successors and Assigns. This Termination shall inure to the benefit of and be binding on the Parties and their respective legal representatives,successors,and assigns. 5. Entire Termination. This Termination sets forth the entire agreement between the Parties -with respect to the termination of the Service Contract(s), and no subsequent agreement, amendment, change or addition to this Termination shall be binding on any Party unless reduced to writing and signed by the Parties. 6. geverability. If any provision in this Termination is deemed invalid, then the remaining provisions will continue in full force and effect and will be construed as if the invalid provision had not been a part of this Termination. 7. Counterparts:Electronic Signatures. This Termination may be executed in one or more counterparts,which when combined shall have the same force and effect as an original containing the signatures of all Parties. This Termination may be signed and delivered by facsimile transmittal or other electronic communication of a signed document. Facsimile or electronic copies shall be enforceable. 8. Authority, Each person signing this Termination on behalf of a limited liability company, corporation,municipal entity,or other legal entity,represents and warrants that he or she has all requisite right,power,and authority to do so and to bind such Party or entity to each and all of the terms hereof. [Remainder of page intentionally left blank. Signature page follows.] • • 2 • [Signature Page to Maintenance Service Contract Termination] Dated this g day of akar)Iz r,2016. CONTRACTOR WH Services By: Name: lir& /0 U.V� A-)Title: v Dated this o2 ✓day of Nc Are,►,k, ,2016. CUSTOMER: City of Farmington By: Name: $-r-e.ve_ A�•A.k- Title:,si-rerks T 414: vi`svT • � o ITA SERVICE CONTRACT(S) [See Attached] • Al .• SCHEDULE 2 Contractor and Customer agree to the following final financial arrangements or final Services and costs to the Customer,if any,to be performed as part of the Contract(s)Termination. If there is nothing filled in(and initialed)on the following form,there are no final arrangements. f.7 }i . S1/s'.�.es,,, /de-%d Ole,e �he'.iu tio 4 ��i✓i Gcf' 1�-t'�r;elr owe'- wx.r4 Ztin.%fit j'C e 1A/ F d a pate opt br, ,-tt,eAr • Accepted and Agreed: Customer Initials: Contractor Initials: • LIGHTING SERVICE CONTRACT TERMINATION THIS, LIGHTING SERVICE CONTRACT TERMINATION (this `Termination") is made as of k.11il,t( ?( 2016,by and between Wright-Hennepin Response("Contractor")and the City of Farmington("Customer"). Contractor and Customer are sometimes each referred to ' as a"Party"and collectively as the"Parties"herein. • RECITALS A. Contractor and Customer entered into one or more Lighting Maintenance Service Contracts dated the following date(s): December 1, 2007 and August 15, 2007 (the "Service Contract(s)") relating to certain lighting maintenance, repair, replacement, and other services specified in such agreements (collectively the "Services"). A copy of the Service Contract(s) is/are attached hereto as Exhibit A. B. . Contractor is winding-up its business operations which formerly delivered the Services, and desires to secure an agreement from Customer that the Service Contract(s) is/are terminated. C. The Parties desire to document their agreement to terminate the Service Contract(s) and release each other from any further performance as of and after LA.(LA.31 2016(the"Termination Date"). AGREEMENT • In consideration of the mutual covenants and conditions contained herein, and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Recitals. The recitals set forth above are true and correct and are incorporated into and made a substantive part of this Termination. 2. Termination of Service Cogtractfs>. The Service Contract(s)shall be deemed, . by mutual written agreement of the Parties, to hereby be terminated,null and void, and of no further force or effect,effective as of the Termination Date. Any final financial arrangements or 1 Services to be provided by Contractor and the costs,if any,to be paid by Customer are described in the attached Schedule 2.The Parties agree to perform the arrangements described in Schedule 2,if any. 3. Effect of Termination. From and after the Termination Date,each of the Parties shall not be required to make any payments or performance under the Service Contract(s), and each Party is released by the other Party from all contractual requirements under the Service Contract(s). 4. $uccessors and Assign . This Termination shall inure to the benefit of and be binding on the Parties and their respective legal representatives,successors,and assigns. 5. Entire Ternainatioq, This Termination sets forth the entire agreement between the Parties with respect to the termination of the Service Contract(s), and no subsequent agreement, amendment, change or addition to this Termination shall be binding on any Party unless reduced to writing and signed by the Parties. 6. Severability. If any provision in this Termination is deemed invalid,then the remaining provisions will continue in full force and effect and will be construed as if the invalid provision had not been a part of this Termination. 7. Counterparts:Electronic Signatures. This Termination may be executed in one or more counterparts,which when combined shall have the same force and effect as an original containing the signatures of all Parties. This Termination may be signed and delivered by facsimile transmittal or other electronic communication of a signed document. Facsimile or electronic copies shall be enforceable. 8. Authority. Each person signing this Termination on behalf of a limited liability company, corporation,municipal entity,or other legal entity,represents and warrants that he or she has all requisite right,power,and authority to do so and to bind such Party or entity to each and all of the terms hereof. [Remainder of page intentionally left blank. Signature page follows.] 2 [Signature Page to Maintenance Service Contract Termination] Dated this 6 day of Ok uut txr ,2016. CONTRACTOR: Wright-Hennepin Response By: Name: Q '7. ,LI..lN�j1('./�J Title: I D U Dated this o2$4_ day of /Alves bar ,2016. • CUSTOMER: City of Farmington By: Name: SA-es—e.. Title:StFr`.,e+C 3 u•t;/,1-i cr S' c�✓� ✓' v EXHIBIT A SERVICE CONTRACT(S) [See Attached] • A-1 SCHEDULE 2 • Contractor and Customer agree to the following final financial arrangements or final Services and costs to the Customer,if any,to be performed as part of the Contract(s)Termination. If there is nothing filled in(and initialed)on the following form,there are no final arrangements. 5' 3 GMm 5 u ,..._. S elga• robes G 1-4 -ill ct 1••42.S. 1(4-e•f or" ye"eel 4S S4'J V".'"c r�l«' t' y •. •1- oat • • C/rlE'/'%c/lC r. �� pC fir 141.4-el rPcwr. L?rai,p h.,4ae•it•e A do4Arit., • Accepted and Agreed: Customer Initials: Contractor Initials: • • pCHEDMILE 2 Contractor and Customer agree to the following final financial arrangements or final Services and costs to the Customer,if any,to be performed as part of the Contract(s)Termination. If there is nothing filled in(and initialed)on the following form,there are no final arrangements. cr .7 4c/e i. 144 a`Ari'e/1 d rt r,p to 4 Semi c.ar • EiC =e-Pejy- few. Wbt r4 • ZN,r,tn 4 Ar•..e- W4f 1( • 1 poi o.-, br, t "�,��,s nem.. globe " p • Accepted and Agreed: Customer Initials: Contractor Initials: SCHEDULE Contractor and Customer agree to the following final financial arrangements or final Services and costs to the Customer,if any,to be performed as part of the Contract(s)Termination. If there is nothing filled in(and initialed)on the following form,there are no final arrangements. 5;0n,,,te,A. 3 Cf,n 5 u . e � : ® _ • 1.4 I14% * re. 1-V0.5 tCX 4vr UViereu - i.e ( 3 robs cn 64,7 4 - , ° 6,.ter c/lt 4/0ht.< .e„�}- (! p,ko„ ,��"�sf�e�� � 7 • • Accepted and Agreed: Customer Initials: I4, Contractor Initials: .rte Tv "4-RM4 City of Farmington 430 Third Street ' . •�- ,4,*- Farmington,Minnesota % jib 651.280.6800 -Fax 651.280.6899 '.?.A fid' www cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Todd Reiten, Director of Municipal Services SUBJECT: Approve Purchase of Aerial Bucket Truck-Municipal Services DATE: January 3,2017 INTRODUCTION City staff is requesting authorization to purchase a new 2017 vehicle with body/aerial bucket to replace the current 1993 bucket truck. The current vehicle is well past its replacement date,has safety concerns and is the worst vehicle in the city fleet. DISCUSSION Over the past year we have been researching a replacement vehicle with body and aerial bucket to replace the current 1993 bucket truck. This vehicle is used in a number of different applications and is a very valuable piece of equipment to have. The current bucket truck is well overdue for replacement and is also a non- insulated aerial bucket. The new vehicle would have an insulated aerial bucket(to protect from electrocution). This bucket truck is used mainly for tree trimming and would be set-up with a body on it to store all the chain saws, pole saws, fuel cans, and other necessary equipment. Once ordered, the vehicle with the body and aerial bucket fully assembled will be ready to use in mid 2017. Some of the other tasks used by this vehicle include street light work, banner and holiday decoration placement,window washing and more. The purchase of this vehicle will be done with cash collected and set aside in the General Capital Equipment Fund. This is the fund that is being used for vehicle purchases, except police and fire,before we start the formal vehicle capital improvement plan in 2020. The creation of this fund and the use for purchases such as this is another example of successful planning by city council and city staff. BUDGET IMPACT The 2016 General Capital Equipment Fund Reserve as of December 2016 has a fund balance of$154,314. The state contract price for a 2017 F-550 is $44,338. The state contract price for the body and aerial bucket with the added options is $65,246.00, for a total cost of$112,465.97 with tax. Solid Waste and Storm Sewer would each contribute$10,000, so the remaining balance would be $92,465.97 that the equipment fund would pay. ACTION REQUESTED Approve the purchase of a new vehicle with body and aerial bucket. The vehicle will be purchased off of the state contract for$44,338. The body and aerial buck will also be purchased off the state contract for $65,246, for a total cost of$112,465.97 with tax. The solid waste and storm sewer funds will each contribute$10,000 with the remaining$92,465.97 coming from the General Capital Equipment Fund. ATTACHMENTS: Type Description ❑ Cover Memo 2017 Ford F-550 ❑ Cover Memo Body and Aerial Bucket Midway Ford Commercial Travis Swanson Fleet and Government Sales M DWR Y 651-343-5212 2777 N. Snelling Ave. .� ,,-,.;III.:;;_ , tswanson(a�.rosevillemidwayford.com Roseville MN 55113 '' Fax#651-604-2936 COMMERCIAL C-111 Contract#109281 2017 F-550 4x4 Regular Cab-84"CA DRW XL F5H Illr Standar ' Automatic Transmission 40/20/40 Vinyl Front Seat Front Tow Hooks Dual Front Air Bags 4-Wheel ABS Brakes Rubber Floor Covering AM/FM Radio Air Conditioning Black Bumper Tilt Wheel 225170r19.5 All Season Tires 6.8L V10 Options Code Price Select Exterior Colors Code Select Limited Slip 4.88 Axle X8L $332 x Blue Jeans Metallic N1 PTO 62R $257 x Race Red PQ Power Equipment Group 90L $1,035 x Caribou Metallic LQ Cloth 40/20/40 Seat 1S $92 x Shadow Black G1 Running Boards 18B $295 x Magnetic Metallic J7 19,500 GVWR 68M $1,063 x Ingot Silver Metallic UX Block Heater 41H N/C x Oxford White Z1 6.7L Diesel 99T $7,807 x Extended Service Contracts Cost Select 7 year/75,000 mile $2,570 PremiumCare Warranty (Bumper to Bumper) Option Total $10,881 You must have a active FIN code to participate in this Base Price Totals purchase contract: FIN code # $33,437.00 Purchase Order required prior to order placement Options Price Totals $10,881.00 Extended Warranty PO# Transit Impr Excise Tax $20.00 Tax Exempt Lic 6.5%Sales Tax Name of Organization Document fee Sub total per vehicle $44,338.00 Number of Vehicles 1 Address Grand Total for all units I $44,338.00 City, State,Zip Acceptance Signature Contact Person/Phone# Print Name and Title Date Contact's e-mail address and fax# 333 2°d STREET NE HOPIONS,MN 55343-8337 952-938-5451 FAX 952-938-0159 Equipment & Supply WATTS 800-229-5451 www.abm-highway.com Custom Truck Equipment for the Utility,Construction,Municipal and Refuse Industries Quotation# 111616-373 November 16,2016 Steve Arndt City of Farmington 19650 Municipal Dr. Farmington,MN 55024 Dear Steve, In response to your request for a quote on a Versalift SST-40-EIH and Brand FX 84LS fiberglass service body, I am pleased to quote you the following per State of Minnesota Contract# 116754: SST-40-EIH Standard SST-40-EIH insulated telescopic/articulating aerial device $29,896.00 1 Standard platform capacity of 300 lbs. 2 Platform mounted full pressure Unitrol single-stick control with safety trigger and emergency stop. 3 Full pressure turret mounted lower controls including override. 4 Engine start/stop from platform and lower controls. 5 Three gpm open center hydraulic system. Operating pressure is 2250 psi. 6 Fiberglass inner boom and patented ELECTROGARD provide 42 in.insulation gap fully retracted meeting ANSI A92.2-1990 requirements for Category C,45 KV and below. 7 ELECTROGARD and inner boom finished with white urethane paint over white gel coat. 8 Multi-link hose carrier system through booms. 9 Non-lube bearings used at all pivot points. 10 Integral hydraulic oil reservoir with dual sight gauges and 12 gal capacity. 11 Master/slave hydraulic leveling with upper control to tilt for cleanout or rescue. 12 Mounting hardware for chassis installation. 13 Safety belt,lanyard,or harness not included. Consult local laws and work practices for requirements. See miscellaneous options. 14 PTO and pump. 15 White urethane paint. 16 Two operator's manuals and two service manuals(in English). 17 ANSI A92.2 data plate. 18 Lower boom rest for SST-40-EIH only. 19 Two slope indicators with decals. 20 Spring loaded bucket rest. 21 Standard installation of aerial&body. SC-1230-31/32 TruGuard dielectric isolating system with right hand single stick control. $ 988.00 All control handles are isolated and tested per ANSI 92.2 2009. The high resistive dielectric system is protected from direct environmental and job related contamination. TruGuard technology incorporates the use of full hydraulic controls with durable metal handles and linkages. BRINGING YOU THE BEST NAMES IN THE BUSINESS An Equal Opportunity Employer Quotation# 111616-373 -2- November 16,2016 PS-1230-7/8/9/15/16 180 degree platform rotator(reduces maximum platform capacity by 50 lbs). $ 1,647.00 HP-1230 Hydraulic tool power at upper controls(throttle control or priority flow control required) $ 181.00 FB-1510-13 Walk-in.24x30x42,open to curb side. Requires door. $ 199.00 CB-7 Platform cover,nylon/vinyl,24x30 in. $ 143.00 SA-1530-1 Walk-in door,L/H hinge. $ 271.00 RO-1230-1/2/5/6 Continuous rotation(must add collector ring assy). $ 451.00 CA-901 Increase to 400 lbs. Will affect total weight required for stability. Not available for 24 x 42 x 42 in. platform with rotator. $ Included CT-1400-39 2011 +Ford F350/F450/F550 Gas Man 2 SPD Throttle(auto trans) Idle/1200 RPM $ 585.00 EP-101-1230-4 Emergency 12V DC hydraulic system(requires 1 slip ring) $ 766.00 LT-1/1230-1 Lift throttle(required with two speed or priority flow). $ 65.00 28457-3 Collector ring,5-pass $ 272.00 BC-1200-6 Auto Boom Latch for mounting on outer boom Electrogard. The rotary auto boom latch works off the lift hydraulic pressure to open and close. $ 988.00 LB-1230-3/4 Chassis insulating system(lower boom insert)providing 12 in.insulation gap in all positions. $ 1,491.00 SD-19 Full body harness and lanyard(extra-large)ARC flash rated. $ 335.00 OR-1400-17 H-frame 2X8 Cross Tube 30-42 inch frame height. $ 3,800.00 VK-1400-10 12 Volt lift/boom selector for outrigger boom interlock. $ 325.00 VK-1400-6/7 Outrigger switch kit for outrigger boom interlock system. $ 327.00 - Hydraulic tool circuit at rear with HTMA couplers. $ 625.00 - Poly outrigger pad(24"x 24") (2 @$135 ea)$ 270.00 - Triangle reflector kit $ 25.00 - Wheel chock—rubber (2 @$25 ea) $ 50.00 - Eliminate compartment and install recessed aluminum gripstrut walk-up with chain storage box and two(2)grab handles $ 765.00 - HTMA hydraulic tool couplers installed at platform $ 77.00 - Removable cable stops&rubber bumpers for horizontal doors (2 @$30 ea) $ 60.00 - 5#ABC fire extinguisher mounted on jack leg,housing in S1 compartment $ 67.00 - Fold down step for walk-up $ 175.00 - Chain saw scabbard(bucket mount) $ 275.00 - 67.5"hydraulic pole saw with 8"non-conductive hose and HTMA couplers $ 1,750.00 Quotation# 111616-373 -3- November 16,2016 BRAND FX FIBERGLASS UTILITY/ SERVICE BODY PRICING Model 84 LS Price $7,765.00 CA Dimension 84" Body Length 132" Body Width 94" Body Height 42" Compartment Depth 20" 1.3.0 COMPARTMENT SHELVING 1.3.2 (2)adjustable fiberglass shelves—Cl,C3,C4, S2 (4 @$198 ea)$ 792.00 1.3.7 Divider pack for fiberglass shelves(4 dividers)(2) (2 @$12 ea) $ 24.00 1.4.0 ADDITIONAL COMPARTMNET SHELVING 1.4.5 Hotstick door with thru shelf—Street Side $ 380.00 1.5.0 COMPARTMENT ACCESSORIES 1.5.1 Over center spring door stops for vertical doors(per compartment) (5 @$48 ea) $ 240.00 1.5.2 Locking swivel hook(per hook)S4-Six(6)(2-2-2, S1 Four(4)(0-2-2) (10 @$25 ea)$ 250.00 1.5.3 Compartment vent in door and(1)vent in floor—S4 $ 62.00 1.9.0 EXTERIOR BODY ACCESSORIES 1.9.14 Furnish and install electronic backup alarm $ 100.00 1.9.23 Outrigger pad holder(aluminum)Two(2) (2 @$65 ea) $ 130.00 1.9.26 Furnish and install rear mud flap(set) $ 125.00 1.12.0 BUMPERS 1.12.8 Full width ICC bumper with receiver hitch,safety chain with a separate brake away loops and 6 or 7 pin trailer socket $ 475.00 1.13.0 BUMPER ACCESSORIES 1.13.1 2"pintle/ball combination hitch—installed $ 150.00 1.21.0 STEPS AND GRAB HANDLES 1.21.3 Gripstrut step on ICC bumper (2 @$75 ea) $ 150.00 1.22.0 EXTERIOR BODY LIGHTING 1.22.1 LED stop/turn/tail lights in tailshelf No Price Difference 1.23.0 MISCELLANEOUS 1.23.7 30"aluminum treadplate tailshelf $ 823.00 1.23.11 Sure foot coating on tailshelf $ 200.00 1.23.13 Pool type grab rail on tailshelf (2 @$125 ea)$ 250.00 Quotation# 111616-373 -4- November 16,2016 INDIVIDUALIZED COMPARTMENTATION INCLUDED ABOVE CURB SIDE Cl - Two(2)fiberglass adjustable divider shelves. C2- Gripstrut walk thru steps with chain storage built in. - Swing down stirrup step and two(2) 18"S/S grab handles. C3 - Two(2)adjustable shelves with dividers. C4- Two(2)adjustable shelves. STREET SIDE S1 - Four(4)swivel/locking hooks(0-2-2). S2- Two(2)fiberglass adjustable shelves. S3 - Vacant. S4- Six(6)swivel/locking hook(2-2-2). Compartment vent in door and floor. Large hotstick door with shelf through streetside as long as possible. TOTAL PRICE FOR ABOVE AS DESCRIBED $58,785.00 OPTIONS: 1.5.6 Fibreglo flexible tubular lighting on three(3)sides of compartment(7) (7 @$75 ea) $ 525.00 1.9.9 Wheel chock holder in fender (2) (2 @$120 ea) $ 240.00 1.9.16 LED 5"round work light on back side of pedestal,9"below rotation. $ 183.00 1.9.17 Furnish and install 6"amber LED strobe (2 @$306 ea)$ 612.00 1.9.18 Furnish and install Go-Light#3049 remote spotlight $ 585.00 1.9.19 Furnish and install aluminum riser post for strobe(above cab level)(2) (2 @$105 ea)$ 210.00 1.14.14Compartment top aluminum treadbrite(per side)BFXB 84 (2 @$268 ea) $ 536.00 1.22.5 Two(2)surface mount LED amber warning flashers. (2 in grill,2 on side of body at front,2 at rear of body) (3 @$265/pr) $ 795.00 1.23.15 Furnish and install backup camera $ 575.00 Misc. Expanded metal cab guard for small chassis,painted black $ 2,200.00 ABOVE PRICES DO NOT INCLUDE ANY APPLICABLE TAXES Thank you for considering ABM Equipment&Supply. I hope with the enclosed information that you will be able to place this business with us. Should you have any questions or need any additional information,please do not hesitate to contact Steve Anderson or myself. Sincerely, Will Harris Utility Sales Manager ��t�F li46J► City of Farmington s 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 ?.A PRO. www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt,Human Resources Director SUBJECT: Appointment Recommendation-Public Works/Engineering-Human Resources DATE: January 3, 2017 INTRODUCTION The recruitment and selection process for the appointment of the Director of Public Works/City Engineer position has been completed. DISCUSSION After a thorough review by the City Administrator and the Human Resources Office, a contingent offer of employment has been made to Katheryn Gehler, subject to the completion of the background investigation, pre-employment drug test and ratification by the city council. Ms. Gehler is currently the Director of Public Works for the city of Prior Lake. Her experience meets the qualifications for this position. BUDGET IMPACT Ms. Gehler's starting salary will be$119,758.00 which is the top of the salary range for this position(salary range:$95,806.00-$119,758.00).Additionally, Ms. Gehler will start with a beginning Paid Time Off(PTO) balance of 80 hours;however, she will accrue time according to the PTO schedule. Funding for this position is authorized in the 2017 budget. ACTION REQUESTED Approve the appointment of Katheryn Gehler effective on February 21, 2017. City of Farmington cis s 430 Third Street Farmington,Minnesota ‘46. 651.280.6800 -Fax 651.280.6899 .4 rao1041 www cifarmington.mn.us TO: Mayor, Councihnembers and City Administrator FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Approve Seasonal Hiring-Human Resouces DATE: January 3,2017 INTRODUCTION The recruitment and selection process for the appointment of the attached list of winter seasonal staff has been completed. DISCUSSION After a thorough review by the Parks and Recreation Department and the Human Resources Department, offers of employment have been made to the individuals show on the attached spreadsheet, subject to ratification by city council. BUDGET IMPACT These positions are included in various departmental budgets. ACTION REQUESTED By motion approve the attached seasonal employment recommendations. ATTACHMENTS: Type Description ® Backup Material Winter Seasonal Staff eL w CL / GJ ° u \ • eL / / • o u f V/ u 4 ƒ 0 / Cu m m : c • [ [ Cu Cu k # LID o Cr cp c og q k 2 $ -V} 4/1- � � @ 4-5_ � � r 0 CO r GJ 0 c > § s a' O rcil R � » u, • a >. O \ C 7 < N u �o4EARMiy City of Farmington 1^,I�` p 430 Third Street "' Farmington,Minnesota ' 651.280.6800 -Fax 651.280.6899 ' .A �`° www ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Jennifer Dullum,Natural Resources Specialsist SUBJECT: Approve Dakota County Sentenced to Service Contract-Engineering DATE: January 3, 2017 INTRODUCTION Attached herewith for city council consideration and approval is a Sentenced to Service (STS) contract between the city and Dakota County. The City of Farmington has been utilizing the STS program for several years. Dakota County operates an STS program. The program was developed to supervise the completion of court ordered community service. It is most typically an alternative used in place of a jail term. Participants are non-dangerous offenders who have been screened by program staff. DISCUSSION As part of this program, Dakota County makes STS crews available to non-profit organizations as well as state and local governments. Upon execution of a contract with Dakota County, crews are made available to do many types of work including park clean up, construction labor, landscaping, painting and trail construction and maintenance. The size of the crew ranges from five to ten crewmembers. These crewmembers are supervised by a working crew leader who is a contractor hired by Dakota County. Currently,the city has several projects that would benefit from the additional manpower provided by an STS crew. Both Parks and Recreation and Natural Resources would utilize the crew for a total of two weeks during the year. In previous years work completed by the STS crew for Parks and Recreation has included boardwalk construction,painting outdoor hockey rink surfaces and other general facility maintenance tasks. Natural Resources has utilized the crews to clean out city stormwater structures to provide unobstructed stormwater flow, and remove buckthorn and willow trees from our stormwater ponding areas that are undergoing prairie restoration. BUDGET IMPACT The cost associated with this contract would be covered by monies from Parks and Recreation and Natural Resources;currently incorporated into the City's annual budget. Parks and Recreation proposes to use Professional Services monies from Park Maintenance Fund to cover its $2,280.00(one week of work)and Natural Resources proposes to use Professional Services monies from the Stormwater Utility Fund to cover its $2,280.00(one week of work)to utilize the STS Program. ACTION REQUESTED Approve the attached STS contract with Dakota County. ATTACHMENTS: Type Description a Contract STS Contract . JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF FARMINGTON FOR SENTENCE TO SERVICE PROGRAM WORK CREWS • AGREEMENT PERIOD: 1/1/2017—12131/2017 This Agreement is made and entered into between the Dakota County, by and through the Community Corrections Department,hereinafter"County"and the City of Farmington,430 Third Street, Farmington, MN 55024, hereinafter"City". WHEREAS,the County and the City are governmental units as that term is defined in Minn. Stat. §471.59;and WHEREAS, under Minn. Stat. § 471.59, subd. 1, two or more governmental units may enter into an agreement to cooperatively exercise any power common to the contracting parties, and one of the participating governmental units may exercise one of its powers on behalf of the other governmental units; and WHEREAS,the City desires the services of the Sentence to Service Program work crews;and WHEREAS, the County operates the Sentence to Service Program by providing work crews referred through the Community Corrections Department plus a supervisor to perform unskilled labor,and WHEREAS,The City will pay Dakota County a total amount of$4,560.00 at a rate of$456.00 per day for ten(10)work crew days pursuant to the terms of this Agreement;and WHEREAS,the Dakota County Board of Commissioners authorized the County to enter into an agreement with the City for Sentence to Service work crews. Now,THEREFORE,in consideration of the mutual promises and agreements contained herein the parties agree as follows: 1. GENERAL PROVISIONS. • 1.1 Purpose. The purpose of this Agreement is to define the rights and obligations of the County and City with respect to Sentence to Service("STS")work crews. 1.2 Cooperation. The County and City shall cooperate and use their reasonable efforts to ensure the most expeditious implementation of the various provisions of this Agreement. The parties agree to, in good faith, undertake resolution of any disputes in an equitable and timely manner. City and County liaisons will meet at least twice annually and more frequently if necessary to discuss issues related to the STS program. 1.3 Term. The term of this Agreement shall be from January 1, 2017 to and including December 31,2017, regardless of the date of signatures hereunder,unless earlier terminated by law or according to the provisions herein. 1.4 Definitions. • • a) Work Crew. A work crew shall consist of a Crew leader and a crew of five to ten workers. The Crew leader, an employee of General Security Services Corporation,shall oversee and be in charge of the work crew. b) Work Crew Days. An STS work crew day shall consist of seven hours, less a,thirty minutes lunch break, between the hours of 8:00 am and 3:00 pm. A work crew may be discharged earlier at the discretion of the City supervisor. 2. CITY'S RIGHTS AND OBLIGATIONS. • 2.1 General Description. City will purchase 10 STS work crew days. The specific days to be worked and the work to be performed shall be determined at least thirty days in advance of the work by the City and County. 2.2 Total Cost. The total amount to be paid by the City pursuant to this Agreement shall not exceed$4,560.00. The County will invoice the City for actual crew days worked up to 10 days at a cost of$456.00 per day. The City agrees to pay the County$4560.00 no later than October 1, 2017. 2.3 Work Projects. The City will provide work projects requiring unskilled labor such as light construction or landscaping, and any specialized equipment needed for the work. Each work project will be reduced to writing City of Farmington—GR00981 (STS) Page 1 Custom and provided to the Crew leader before work commences. A work project will be concluded when a City representative and the Crew leader sign off that work has been satisfactorily completed. 2.4 Crew. Work crew members, including the GSSC work crew leader, are not employees of the City or the County as specified in Minn.Stat.§3.739. 3. COUNTY'S RIGHTS AND OBLIGATIONS. 3.1 General Description. The County will: • Provide STS Work crews for the City pursuant to this Agreement. e Designate a person as the County's representative with respect to the City's services to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define the County's policies and decisions with respect to services covered by this Agreement. 3.2 Payment. The-County will submit an invoice to the City for payment by the City. 3.3 Work Projects. The County, through its Contractor, General Security Services Corporation, shall equip work crews with some hand tools. 3.4 Other Work. The County may, at its discretion, offer the City the opportunity to use more than 10 crew days per year without additional cost to City if additional days are available. • 4. LIABLE FOR OWN ACTS. • 4.1 Each party to this Agreement shall be liable for the acts of its own officers,employees and agents andthe officerlts s thereof to the extent authorized by law and shall not be responsible for the acts of another party, its employees and/or agents. It is understood and agreed that the provisions of the un cipal Tort Claimsasions. Eat,Act, Marty •Stat. Ch. 466, and other applicable laws govern liability arising from a party's acts warrants that it has an insurance or self-insurance program that has minimum coverage consistent with the liability limits contained in Minn. Stat.Ch.466. ed by the County shall t be 4.2 Any and all o ewof Cmband an nand all claims that may or might arise umeers engged in the aforesaid work to be nder the Workers' Compensation o considered emplmployeeesCity Y Act of this state on behalf of the work crew members while so engaged, and any and all claims made by any thir d party as a consequence of any act or omission on the part of the work members while so engaged on any of the inworkMinn.contemplatedStat. § The shall e the shall nota benor responsiblei ulity nderfCity but the Workers'l be determined as Compensation Act provided in M . Stat. § 3.739. County employees of City. 5. FORCE MAJEURE. Neither party shall be liable to the other party for any loss or damage esultinc delay or e failure to perfo mm due to unforeseeable acts or events outside the defaulting party's reasonable ntrolproviding party gives notice to the other party as soon as possible. Acts and events may include acts of God, acts of terrorism,war,fire,flood, epidemic,acts of civil or military authority,and natural disasters. 6. TERMINATION. 6.1 Good Cause. If either party fails to fulfill its obligations under this Agreement, such failure shall be considered good cause to terminate this Agreement on seven days' notice by the other party. • 6.2 With or Without Cause. This Agreement may be terminated with or without cause, by the County or City upon thirty(30)days written notice. bility or right of 6.3 partyny yt ofh cTermination. Ttheperforma performance ofination of this or to adequately perform the termsent shall not discharge any lofthisiAg Agreement prior to which arises from p Custom City of Farmington—GR00981 (STS) Page 2 the effective date of termination. Nor shall termination discharge any obligation which by its nature would survive after the date of termination. All STS work crews prepaid by the City shall be refunded to the City if the same are • not used. 6.4 Termination by County- Lack of Funding. Notwithstanding any provision of this Agreement to the contrary, the County may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies or other funding source, or if its funding cannot be continued at a level sufficient to perform the services anticipated by this Agreement. Written Notice of Termination sent by the County to City by facsimile or email is sufficient notice under the terms of this Agreement. The County will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding. 7. DAMAGES. • Duty to Mitigate. Both parties shall use their best efforts to mitigate any damages which might be suffered by reason of any event giving rise to a remedy hereunder. 8. REPRESENTATIVE. Liaison. To assist the parties in the day-to-day performance of this Agreement and to develop service, ensure compliance and provide ongoing consultation, a liaison shall be designated by the City and the County. The parties shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement the following persons are the designated liaisons: City Liaison: County Liaison: Jennifer Dullum Leanne Walter City of Farmington Community Corrections Supervisor • 430 Third Street Phone Number: (651)438-8336 Farmington,MN 55024 Phone Number:(651)280-6845 9. MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing,signed by Authorized Representatives of the County and City. 10. COMPLIANCE WITH LAWS/STANDARDS. 10.1 Minnesota Law to Govern. This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota. 10.2 City agrees to abide by all Federal,State or local laws,statutes,ordinances,rules and regulations now in effect or hereinafter adopted pertaining to this Agreement or other facilities,programs and staff for which it is responsible. 11. SEVERABILITY. 11.1 The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. • City of Farmington—GR00981 (STS) Page 3 Custom 12. MERGER. 12.1 This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements. There are no representations,warranties,or stipulations,either oral or written, not herein contained. IN WITNESS WHEREOF,the parties have executed this Agreement on the dates indicated below Approved by Dakota County Board COUNTY OF DAKOTA Resolution No. 16-591 By Kelly Harder Approved as to form: Title Community Services Director • Date of Signature Amelia Jadoo 12/21/16 • Assistant County Attorney/Date File No. KS-16-449-003 CITY OF FARMINGTON (I represent and warrant that I am authorized by law to execute this Agreement and legally bind the City). By • Title I 7 r� Date of Signatu ByCal—t.; Title Cif /1101!iAt c /G® Date of Signature /—q—d-d/ ? • e 4 Custom City of Farmington—GR00981 (STS) Pa g 401114 16, City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 .,,,,�rm�°. www.cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Robin Hanson, Finance Director SUBJECT: Approve Bills-Finance DATE: January 3, 2017 INTRODUCTION Attached are the December 15-28, 2016 check payments for your consideration. DISCUSSION NA BUDGET IMPACT NA ACTION REQUESTED Approve the attached bills. ATTACIEVIENTS: Type Description © Backup Material Council Check Register 12-15 through 12-28-16 0 o so 0 l0 b so TN M cos as co 01 h Lyl O 0 0 0 0 0 O co O O O O O ,.:1 --i o o 0 0 0 0 0 O o 0 0 O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m U o 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .0 W m w U V w a. k� W U U z C Z g Wmfflmmm N al z z 5 0. e4 5 5 5 5 5 U 0 U vi m ai El m en ai 0 p O A z �2 Ca w w w w ' a vwi a cn a. Qw cn en O in en u C7 C7 E. 0z C7 U U f U C7 C7 F ,5 a w re w 03 aa U {i oE- 011 41 a M 1 a O O O O C. f! cncn en cn cn 1 w 0 0 0 0 a a a O O a z w w w w U. U. t ca v m a cn of so Z 1 0 000 9 9 0 N O I 1N0 'toe00 1N0 .ND 1N0 1N0 ve 00 'C b 0 b 0 b CD o I .-. N coO coO coy en O en pp N 2 p t� l0 10 10 l0 .0 O 9 en 0\ r 0 O O 0 0 0 0 0 0 O O O O O 0 w d ti d. A o o s n 4 zo 2 2 cn al 4 O a. 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M COI oti0eri N o ti w U 0 Z > O g v , h v 1 - 0 .7 q F 0 A M > a 66 a r i 1 ki p a g M a w 9 pp Vl N a b N o en co 0 O N 8 v. VI .O1-� o a m 00 r4 NO f�opp a 0� a 0 ���iii+ ani, M 1 � onn M ten en en N No we 00 4 4 N N n r b b b1-1 b ti ti I R i 1 U x N w at a� et n U tov l0 ON 0 41148-V ii City of Farmington 430 Third Street ca Farmington, Minnesota c,‘a651.280.6800 -Fax 651.280.6899 '4..,, .° www.cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Cynthia Muller,Administrative Assistant SUBJECT: Approve On-Sale and Sunday Liquor License-Las Enchiladas DATE: January 3, 2017 INTRODUCTION Pursuant to city ordinance 3-12-6-2, a public hearing must be held to establish an On-Sale Liquor License and an On-Sale Sunday Liquor License. DISCUSSION Mr. Edgar Garcia has submitted the required license fees and application for an On-Sale Liquor License and On-Sale Sunday Liquor License for Las Enchiladas, located at 18500 Pilot Knob Road Suite A. The application and required documentation have been reviewed and approved by the police department. BUDGET IMPACT The fees collected are included in the revenue estimates of the 2017 budget. ACTION REQUESTED After conducting the public hearing, a motion should be made to approve an On-Sale Liquor License and an On-Sale Sunday Liquor License for Las Enchiladas at 18500 Pilot Knob Road Suite A. okiiy, City of armington SMrd Street I Farmington,Minnesota 41114 4f % 42651.280.6800 -Fax 651.280.6899 A, "r. NW- www cifarmington.mn.us TO: Mayor,Councilmembers and City Administrator FROM: David McKnight, City Administrator SUBJECT: Annual Organizational Matters DATE: January 3, 2017 INTRODUCTION Annually at the first city council meeting of the year appointments are made to a variety of committees and assignments. DISCUSSION State law requires that the City Council address annual organizational matters during its first regular meeting of the year to make certain designations and appointments and Council has traditionally taken this time to approve the following actions: 10a(1). Acting Mayor—Council By-laws provide that an Acting Mayor be appointed on a rotating basis in the absence of the Mayor. Councilmember Bartholomay, subject to the highest number of votes in the 2014 General Election and serving the third year of his term, is eligible for appointment as Acting Mayor. 10a(2). Official Publication—The city solicited quotes from the Farmington Independent Town Pages and Dakota County Tribune newspapers for legal publications. Quotes were received from both newspapers. Per State Statute 331A.04 Subd.2, the Farmington Independent Town Pages is the only publication located within the city's corporate limits and as such the city is required to designate it as the city's legal newspaper, with an exception available. See attachments for further information. 10a(3). City Attorney—Staff recommends re-appointing Joel Jamnk with the firm of Campbell Knutson as City Attorney for the year 2017. A copy of the agreement is attached which does not have an expiration date. 10a(4). Official Depositories—Please refer to the attached memo from the city's Finance Director that identifies official city depositories for fiscal year 2017. 10a(5). Process Servers—The Farmington Police Department is the designated city Process Server for 2017. 10a(6). City Clerk's Bond—State law requires the City Clerk be bonded. The city is covered by a $1,000,000 Faithful Performance bond. 10a(7). Fees and Charges—At the October 17, 2016, City Council meeting, Council adopted Ordinance 016-720 establishing fees and charges for the year 2017. 10a(8). Boards and Commissions—Interviews will be held on Monday,January 9, 2017,for the purpose of selecting commission candidates. Appointments will be made at the January 17,2017, City Council meeting. 10a(9). Economic Development Authority Appointments—Mayor Larson and Councilmember Bonar served on the EDA until their terms expired on December 31, 2016. Two Councilmembers should be appointed to the EDA from alternate terms. The EDA term coincides with the City Council term. 10a(10). ALF Ambulance Board Appointment Primary and Alternate—A primary and an alternate Councilmember will need to be appointed to the ALF Board for 2017. Councilmember Bonar served as the primary representative and Mayor Larson as alternate in 2016. 10a(11). DCC Board of Directors Appointment—Currently, Mayor Larson serves as Director and Councilmember Bartholomay serves as Alternate Director through December 31, 2016. Two councilmembers need to be appointed as a Director and Alternate Director for a two-year term. Quarterly meetings are held on the third Thursday of the month at 8:00 a.m. 10a(12). Castle Rock, Empire, Eureka,Farmington(CEEF)Appointment—Appoint a Councilmember to serve on this board in 2017. Mayor Larson currently serves on the CEEF Board. 10a(13). Joint Farmington/Empire Planning Advisory Committee Appointments—Appoint and/or acknowledge a Councilmember, a staff member and Planning Commission representative to this board. In 2016, Councilmember Pitcher, City Administrator David McKnight, and Planning Commission Member Lydia Bjorge served on this committee. 10a(14). Farmington/Castle Rock Discussion Group—Appoint and/or acknowledge a Councilmember, a staff member and Planning Commission representative to this board. In 2016, Mayor Larson, City Administrator David McKnight, and Planning Commission Member John Franceschelli served on this board. 10a(15). Eureka/Farmington Planning Advisory Committee—Appoint and/or acknowledge a Councilmember, a staff member and Planning Commission representative to this board. In 2016, Councilmember Bonar, City Administrator David McKnight,and Planning Commission Member Steve Kuyper served on this board. 10a(16). MUSA Review Committee Appointments—Appoint two Councilmembers to serve on this board in 2017. Councilmembers Donnelly and Pitcher currently serve on this board along with Planning Commission members Steve Kuyper and Jerry Rich. 10a(17). Ice For Tigers Committee—Staff is recommending eliminating City Council appointments to this committee. Councilmembers Bartholomay and Bonar served on this committee in 2016. 10a(18). Liquor Operations Committee—Appoint two Councilmembers to serve on this committee in 2017 if appropriate. This committee has not met for quite some time. Mayor Larson and Councilmember Donnelly currently serve on this committee. 10a(19). Farmington Intergovernmental Committee—Appoint two Councilmembers to serve on this committee in 2017. Councilmembers Bonar and Bartholomay served on this committee. 10a(20). Appointment of Director and Alternate to LOGIS—Appoint Brenda Wendlandt as Director and Jim Constantineau as Alternate to LOGIS for 2017. 10a(21). Responsible Authority for data practices appointment—Appoint,by resolution, City Administrator, David McKnight as responsible authority for data practices and Brenda Wendlandt as compliance officer and Brian Lindquist as responsible authority for law enforcement for 2017. 10a(22). Approve the Council By-laws as presented. 10a(23). Attached are current Council Policies for review. Council should advise of any desired changes. BUDGET IMPACT NA ACTION REQUESTED Make appointments to all of the committees and assignments for 2017. ATTACHMENTS: Type Description © Backup Material 2017 Appointments COUNCIL MEETING ANNUAL ORGANIZATIONAL MATTERS JANUARY 3,2017 MOTION by ,second by as follows: 10a(1). That.Councilmember Bartholomay be designated as Acting Mayor from January 3, 2017,through December 31,2017. 10a(2). That the Farmington Independent be designated as the official publication from January 3,2017,through December 31,2017. 10a(3). Continue the Agreement for Legal Services with Campbell Knutson, Joel Jarnnik as City Attorney for 2017. 10a(4). That the Anchor Bank of Farmington,Morgan Stanley, Oppenheimer& Co.,Inc., RBC Capital Markets, Roundbank (Farmington), and Wells Fargo Securities, be designated as the Official Depositories from January 3,2017,through December 31,2017. 10a(5). That all sworn personnel in the Farmington Police Department be designated as process servers for the calendar year 2017. 10a(6). Approve a$1,000,000 Faithful Performance bond for the City Clerk. 10a(7). ORDINANCE NO. 016-720 Establishing Fees and Charges for licenses and permits for 2017 was adopted October 17,2016. 10a(8). Appointments to Boards and Commissions—Candidates will be interviewed January 9, 2017,and appointments will be made at the January 17,2017,Council Meeting. 10a(9). Appoint Councilmember and Councilmember to serve on the Economic Development Authority. Councilmembers appointed should be from alternate Council terms. 10a(10). Appoint Councilmember as the primary and Councilmember as the alternate representative to the ALF Ambulance Board. 10a(11). Appoint Councilmember to serve as the Director and Councilmember as the Alternate Director to the Dakota Communications Center Board of Directors through December 31,2018. 10a(12). Appoint Councilmember as the City's representative to the CEEF Committee. 10a(13). Appoint Councilmember , Staff member David McKnight and a Planning Commission member to the Farmington/Empire Planning Advisory Committee. 10a(14).Appoint Councilmember , Staff member David McKnight and a Planning Commission member to the Farmington/Castle Rock Discussion Group. 10a(15).Appoint Councilmember ,Staff member David McKnight,and a Planning Commission member to the Eureka/Farmington Planning Advisory Committee. 10a(16).Appoint Councilmembers and to the MUSH Review Committee. 10a(17). Staff recommends eliminating appointments to the Ice For Tigers Committee. 10a(18). Appoint Councilmembers and to the Liquor Operations Committee. 10a(19). Appoint Councilmembers and to the Farmington Intergovernmental Committee. l0a(20). Appoint Brenda Wendlandt as Director and Jim Constantineau as Alternate to LOGIS for 2017. l0a(21).Appoint by RESOLUTION R -17 David McKnight as the Responsible Authority for data practices and Brenda Wendlandt as Data Practices Act Compliance Officer and Brian Lindquist as Responsible Authority for law enforcement for 2017. 10a(22).Approve Council By-laws as presented. l0a(23).Approve the Council Policies as presented or advise of any desired changes. APIF,MOTION CARRIED. /C>a:(a) Yo``ikRil9 ► City of Farmington vp� 430 Third Street Farmington,Minnesota ,�4 p���' 651.280.6800 Fax 651.280.6899 www ci.farmington.mn.us TO: Mayor and City Council FROM: David J.McKnight, City Administrator SUBJECT: 2017 Official Newspaper DATE: January 3,2017 INTRODUCTION Each year the City Council designates an official newspaper for publications for city business. This action is taken at the first meeting of the year as a part of the organizational matters. DISCUSSION The City Council has struggled the past few years with this issue and the direction provided by state statute. With that in mind,we had the City Attorney develop the form that the newspapers used to send in their proposals. State statute 331A.04 deals with the designation of a newspaper for official publication for the city. A copy of state statutes 331A.01 (definitions)and 331A.04 are included with this memo for your review. The city shall designate a qualified newspaper in the following priority: 1. The known office of issue located within the city shall be designated. 2. When no qualified newspaper has a known office of issue located in the city,a newspaper that has a secondary office located in the city shall be designated. 3. If no known office of issue or secondary office is located in the city,a qualified newspaper of general circulation shall be designated. The City Council may ignore the priorities by state statute and select any qualified newspaper if all of the following conditions are met: 1. The newspaper is a qualified medium of official and legal publication. 2. The publisher of the newspaper furnishes a sworn statement covering a period of at least one year ending no earlier than 60 days before designation of the newspaper,stating that the newspaper's circulation reaches not fewer than 75%of the households within the city. 3. The newspaper has provided regular coverage of the proceedings of the governing body of the city and will continue to do so. 4. The city votes unanimously to designate the newspaper. The city has received two proposals for our official newspaper for 2017,from the Farmington Independent Town Pages and Dakota County Tribune. All of the information submitted by the newspapers is included with this memo for your review. The Farmington Independent has listed their known office of issue as an address within the city of Farmington. Following is the pricing information submitted: Number of Characters per line Type Size Price per Inch Farmington Independent 48 6 $8.99 Town Pages Dakota County Tribune 35 7 $6.00 BUDGET IMPACT The costs for publishing required information in our official newspaper are included in various budgets in the 2017 city budget. ACTION REQUESTED With the priorities listed in state statute stating that the first priority for designating an official newspaper is that of a newspaper located within the city,city staff recommends that a motion be made to designate the Farmington Independent as the official newspaper for 2017. Respectfully submitted, David J.McKnight City Administrator 1 MINNESOTA STATUTES 2015 331A.01 331A.01 DEFINITIONS. Subdivision 1.Scope.As used in sections 331A.01 to 331A.11,the terms defined have the meanings given them except as otherwise expressly provided or indicated by the context. Subd.2.Known office of issue."Known office of issue"means the newspaper's principal office devoted primarily to business related to the newspaper, whether or not printing or any other operations of the newspaper are conducted at or from the office.A newspaper may have only one known office of issue. Subd.3.Political subdivision.'Political subdivision"means a county,municipality,school district,or any other local political subdivision or local or area district,commission,board,or authority. Subd.4.Municipality."Municipality"means a home rule charter or statutory city or town. Subd.5. [Repealed,2004 c 182 s 33] Subd.6.Proceedings."Proceedings"means the substance of all official actions taken by the governing body of a political subdivision at any regular or special meeting,and at minimum includes the subject matter of a motion,the persons making and seconding a motion,the roll call vote on a motion,the character of resolutions or ordinances offered,including a brief description of their subject matter,and whether defeated or adopted. Subd.7.Public notice."Public notice"means every notice required or authorized by law or by order of a court to be published by a qualified newspaper,and includes: • (1)every publication of laws,ordinances,resolutions,financial information,and proceedings intended to give notice in a particular area; (2) every notice and certificate of election, facsimile ballot,notice of referendum, notice of public hearing before a governmental body,and notice of meetings of private and public bodies required by law; (3)every summons,order,citation,notice of sale or other notice which is intended to inform a person thatthe person may or shall do an act or exercise a right within a designated period or upon or by a designated date;and (4)this subdivision contains no independent requirement for the publication of any public notice. Subd.8.Qualified newspaper."Qualified newspaper"means a newspaper which complies with all of the provisions of section 331A.02.The following terms,when found in laws referring to the publication of a public notice,shall be taken to mean a qualified newspaper:"qualified legal newspaper,""legal newspaper," "official newspaper,""newspaper,"and"medium of official and legal publication." Subd. 9. Secondary office. "Secondary office" means an office established by a newspaper in a community other than that in which its known office of issue is located,in the same or an adjoining county, open on a regular basis to gather news and sell advertisements and subscriptions,whether or not printing or any other operations of the newspaper are conducted at or from the office. Subd.10.Summary."Summary"means an accurate and intelligible abstract or synopsis of the essential elements of proceedings,ordinances,resolutions,financial statements,and other official actions.It shall be written in a clear and coherent manner,and civil,to the extent possible,avoid the use of technical or legal terms not generally familiar to the public.When a summary is published,the publication shall clearly indicate that the published material is only a summary and that the full text is available for public inspection at a designated location or by statilard or electronic mail.A summary published in conformity with this Copyright®2015 by the Revisor of Statutes,State of Minnesota.All Rights Reserved 331A.01 MINNESOTA STATUTES 2015 2 section shall be deemed to fulfill all legal publication requirements as completely as if the entire matter which was summarized zed had been published.No liability shall be asserted against a political subdivision in connection with the publication of a summary or agenda. Subd.11.Recognized industry trade journal."Recognized industry trade journal"means a printed or digital publication or Web site that contains building and construction news of interest to contractors in this state,or that publishes project advertisements and bids for review by contractors or other interested bidders in its regular course of business. History:1984 c 543 s 20;1986 c 444;2004 c 182 s 3-7;2013 c 46 s.1 • Copyright 0 2015 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 1 MINNESOTA STATUTES 2015 331A.04 331A.04 DESIGNATION OF A NEWSPAPER FOR OFFICIAL PUBLICATIONS. Subdivision 1.Priority.The governing body of a political subdivision,when authorized or required by statute or charter to designate a newspaper for publication of its public notices,shall designate a qualified newspaper in the following priority. Subd.2.Known office in locality.If there are one or more qualified newspapers,the known office of issue of which are located within the political subdivision,one of them shall be designated. Subd.3.Secondary office in locality.When no qualified newspaper has a known office of issue located hi the political subdivision,but one or more qualified newspapers maintain a secondary office there,one of them shall be designated. Subd.4.General circulation in locality.When no qualified newspaper has its known office of issue or a secondary office located within the political subdivision,then a qualified newspaper of general circulation there shall be designated. Subd.5.Other situations.If a political subdivision is without an official newspaper,or if the publisher refuses to publish a particular public notice, matters required to be published shall be published in a newspaper designated as provided in subdivision 4.The governing body of a political subdivision with "- territory territory in two or more counties may, if deemed in the public interest, designate a separate qualified newspaper for each county. Subd. 6.Exception to designation priority.(a)Notwithstanding subdivisions 1 to 3,the governing body of a political subdivision may designate any newspaper for publication of its official proceedings and public notices,if the following conditions are met: (1)the newspaper is a qualified medium of official and legal publication; (2)the publisher of the newspaper furnishes a sworn statement,verified by a recognized independent circulation auditing agency,covering a period of at least one year ending no earlier than 60 days before designation of the newspaper,stating that the newspaper's circulation reaches not fewer than 75 percent of the households within the political subdivision; (3)the newspaper has provided regular coverage of the proceedings of the governing body of the political subdivision and will continue to do so;and (4)the governing body votes unanimously to designate the newspaper. (b) If the circulation of a newspaper designated under this subdivision falls below 75 percent of the households within The political subdivision at any time within the term of its designation as official newspaper,its qualification to publish public notices for the political subdivision terminates. Subd.7.Joint bidding.A bid submitted jointly by two or more newspapers for the publication of public notices must not be considered anticompetitive or otherwise unlawful if the following conditions are met: (1)all of the qualified newspapers in the political subdivision participate in the joint bid; • (2)the existence of the joint bid arrangement is disclosed to the governing body of the political sub- division before or at the time of submission of the joint bid;and Copyright 0 2015 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 331A.04 MINNESOTA STATUTES 2015 2 (3)the board is free to reject the joint bid and,if it does,individual qualified newspapers do not refuse to submit separate bids owing to the rejection of the joint bid. history:1984c 543 s 23;2003 c 59 s 1;2004 c 182 s 14 Copyright®2015 by the Revisor of Statutes,State ofMinnesota.All Rights Reserved. EXHIBIT A FARMINGTON OFFICIAL NEWSPAPER PROPOSAL Submission Date: (Q/t� (14 'i' Name of Publication: Far rv)(nc f't?.'13ctree•yt4-ty f" (0 cal ?Cor- Name of Publisher. Sfeve, (,qJ I Contact Person and Method/Means of Contact 4,r i ('I i't v►13 41 6( - ( -7 5(19 Ouna 4 c pi/0_116.n eL4 101 i CtIrt-f ciy( a(Yr0-4 0- 67ct .S Q U d =1 6erd_y ', C ern Specify address for the Known t� Office of Issue for your paper: 3 I �� - -E &f . 5 s o a ki Specify address for the Secondary Office of Issue for your paper a7(oO (), w (, Qd Wyk?,, fro/0 5 550 Note;if your newspaper has a Secondary Office within the City of Issue and wishes to be considered for designation pursuant to the exception provided in law,please include the following: a sworn statement by the newspaper publisher, verified by a recognized independent circulation auditing agency,covering a period of at least one year ending no earlier than 60 days before designation of the newspaper, stating that the newspaper's circulation reaches not fewer than 75 percent of the households within the political subdivision; the newspaper has provided regular coverage of the proceedings of the governing body of the political subdivision and will continue to do so. Please also note that the law authorizes designation under this exception only if the governing body votes unanimously to designate the newspaper and,if the circulation of a newspaper designated under this subdivision falls below 75 percent of the households within the political subdivision at any time within the term of its designation as official newspaper,its qualification to publish public notices for the political subdivision terminates. Provide the approximate readership of the newspaper: 32 7 Provide the circulation or readership within the city of Farmington: 7 5 0 Provide the circulation within zip code 55024: -7 0 Provide the delivery method for the newspaper: (j13, tit GU / Frequency of publication: Je elL Legal notice deadline: Fr (Att.(Att. ;C p yrl ( (,L7( -e C f * co5 70189 3 t Indicate whether newspaper is compatible with Microsoft Word: e' 5 iIndicate whether newspaper is compatible with Adobe Reader: 3 If the newspaper is not compatible with Microsoft Word and Adobe Reader, identify what electronic means the newspaper would use to accept communications from the city: Identify the number of characters and spaces that your publication uses per line ti r? Identify the type size, in points, of legal notices (must be a minimum of six points): Price per inch for printing legal notices: cl R, 9 Note: The maximum nate charged for publication of a public notice shall not exceed the lowest classified rate paid by commercial users for comparable space in the newspapers in which the public notice appears,and shall include all cash discounts,multiple insertion discounts,and similar benefits extended to the newspaper's regular customers. Provide the lowest classified rate for commercial users as described above: • 70189 4 No invoice will follow. Please pay from this affidavit Thank you! Farmington Rosemount Independent Town Pages AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) Jenny Jacobson ,being first duly sworn,on oath states as follows: (1)I am the publisher of Farmington Rosemount Independent Town Pages, or the publisher's designated agent. I have personal knowledge of the facts stated in this Affidavit,which Is made pursuant to Minnesota Statutes§331A.07. (2) The newspaper has complied with all of the requirements to constitute a qualified newspaper under Minnesota law,including those requirements found in Minnesota Statutes§331A.02. (3) The printed FARMINGTON INDEPENDENT TOWN PAGES STATEMENT OF OWNERSHIP which is attached,was cut from the columns of said newspaper,and was printed and published once each week for 1 successive weeks; It was first published on Thursday, October 13,2016 and was thereafter printed and published on every Thursday,to and including Thursday, October 13,2016 (4) The publisher's lowest classified rate paid by commercial users for comparable space,as determined pursuant to Minnesota Statutes §331A.08,is as follows: $25.00/inch • (5) Pursuant to Minnesota Statutes §580.033 relating to the publication of mortgage foreclosure notices:The newspaper's known office of Issue Is located in Dakota County. The newspaper complies with the conditions described in §580.033, subd.1, dause(1)or(2). If the newspaper's known office of Issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located,a substantial portion of the newspaper's circulation is in the latter county. By: 1/40e4WSubscribed and sworn to be ore me on sday of OCT,2016 :� � Notary Public: ( / , .r�_,r -4 A' • -. ROSE M. BURKE r+.:u,,r ' Notary Public-Minnesota >_l:: My commission Expires Jan 31,2021 Client# 258485 Order# 4787659 File# Publication Fee Please remit payment to: R1verTown Multimedia,PO Box 15,Red Wing,MN 55066 • MITER=TES Statement of Ownership,Management,and Circulation MIR FOSSIL SERVICE,(Ali Periodicals Publications Except Requester Publications) lautiabrsTOe aPodanaltmter 1.Nog Bab Farmington Resemaunt Independent Town Pages 713 4 - 9I 3 0 9/16/2016 . , 4baaF,mmP ntbabidmroe aN®.tmEmLmiPes • • Weekly 52 $47.00 T •.-• -r.eoarmema,aLdiam *MM..dIktecem pletpreganevetoteatilL.ba.arLIP41 CLthelitent . Steve Gall • 319 Fourth Street,Farmington,MN 55024 (651 460-666 L Cowes wLaaletroa littlmteesmaenalBean*LadPd9lepblpabd 2760 N.Service Dr.,P.O.Box 15,Red Wing,MN 55066 • lna Num vpCmpILLILnlpf611H1aYPAOta P6RryadL4aNNEdier eselkM 1 peer m rlma.a/agtla ma4aPedaal Steve Gall,319 Fourth Street,Farmington,MN 55024 Kim llkura,319 Fourth Street,Far/Marlton,MN 55024 itm21• 04(1.4aadaa.d,aavigwee) /amtnataAvamM+elramrOldufmb.Baam.an ad L6•0•aapcdmraudhoNmar mbleilmmed0tb ears mklpnrpauaatMera sboelphevrP a¢mdx.4wmBnlemamawaaLrtmore {A.Pa rdNT/Av1awLMLL61 BaabpW101dbBmpMiaD +ra4�S0vmr.arMru!mnmstddanvn/n/WBa/ • rat Mao ami IbmPAdea, Fawn CommWkaGan CO. 101 Fifth St.,N.,Fargo,ND 50102 Nom®n 0.Nark.r.That 101 FiRb St.,N.,Fargo,ND 50102 Jain orae Nmol a edlam C Mardi,T,satms 101 fah St,N.,Fargo,ND 58102 Debra lam Marta Mombasa aacednerzm.remea 101Fifth St.,N.,Fargo,N0sun wham Nardi +B 101.Fifth St.,N.,Fargo,ND 58102 ii•S".0.604•40.g.pa4adoa..aathaw$m6m'igarlomep!Peml0HaedTdaWNNdBmt,,nelpiaa Bomaeaaxeramnd sea Falb= Cambia WOhOAdda1, • • • • n.Tavaeapetaa¢1Faatri=puff aa mBoa/aaambwrda.p smL40.11a) • tr.Pape.•MallatrdmtlaRaaWdabapmbalkoma...*St 04.3.dbamabtpppvn • n Nvkdana daahpPaametim 9s tl sesexmpdeemiteoaaet2w,ae(Pdama,.wmlN..pmWsdNmpaCth9Wpm() por,,,7aoJ4/211epeerde(am4.1.0ragpe7,eara001-resa, rartAwwm1awemmtpeerrpAyavaempuea 11.0MakanL 116n„WmtrGthtaaeaSzke Farmington Rosemmmt Independent Town Pages 0/25/2016 • %MnmtvsNa.etam.m Armreda sacoples no. • Etch awWog am,reewbd P.aaaaManua B.m r raapbw a'ManweddCcpbMaa.aaaP 1965 1840 pali m asdeuem mswlw,kw.me a. a`A m, Oma4 147 121 IVO n°o w lap d en aa>yena aap�aA2tua+•+a s 1168 I089 Row _on!, mveam Oulam padn.o}.rely aam.00wa=ZauedmteraMDALItanttpa� 172 156 re.ra de,s. Bemw.audo wbamro 0 0 a1.0.wea +A.ra.adt©rgtrN. woo 1487 1365 &L,111, 1e OIL:attend li•b OutddL•CaLtfy Mew 0 0 • BW weaaa Pp Ftwo'aaadB.vbca rt ase.aee.am PSmaasn 134• Ward 0 owa rMaNmwgwmtbpeWed uoFeeO a mwabelwPa b.103 tM f.9,11s m„►nA 0 0 Cal F¢eaa®tdanmab ad Uoa0Ip,doseedts.em4 0 0 ..menaarbpaesaweakerewraipl.tacoorl 134 0 L Td.tonaada(Laud(Co mpfee) 1621 1365 • acga.moiaaaea(aa bnamla,s4mvara • 485 475 annsaimdrerwo 2107 1840 L PaeBiPar rtaoa.04a1remmral 91.73% 100% •Nymaaaabkgetecamlmgdos Worm Oka p,gsAByammldaagetdee6mPL;eLj hm.av@pa INVITEDSTMES - Statement of Ownership,Management,and Circulation POSIDLSERVKE.(AR Periodicals Publications Except Requester Publications) Rt BBa,nIDaep/Cem r.a :=0"C. 0 "="4 l'...5191.11,0*.11,ad Murat aPw,pm. ar.oE•AmbCgde. ) 0 0 b.TM MIMICo .1(LLID1a4.PH6-dunbttpk4WAOJ ) 1487 1365 a marasaausna0,rMO&Faaamwpwtona4 ) 1621 1365 pamthblekhPadaFraanaml4eebadtderlanILO) ) 91.73% 100% NtaanYb to%a BI 0r01364es*.tan4abotlptleCm Olden mauad r,wsBmadraamtaea to Nithowtecalkollawarargulialkapitaskasttribtttsmatbreated.e7tepNd Uneaaaaortar d • hoc 10//06/2016 bmdrnPabiaaa • to a84,seMLA ISM,Payrw.Balseeliaapgaame OA. 9/10/2016 o. )adpittemAnmbh antfts arOrandosetaresitutaraa.aawatat\MMaera drodni1ModoaPbtam a W rewm wh1w�M,nem.✓✓w aaa..,..a r wwaw..war.nw..s..ta....a....,...-o w...wi....w EXHIBIT A FARMINGTON OFFICIAL NEWSPAPER PROPOSAL Submission Date: 12/07/2016 Name of Publication:Dakota County Tribune Name of Publisher:ECM Publishers Contact Person and Method/Means of Contact: Michael Jetchick mike.jetchick@ecm-inc.com 952-846-2019 Send notices to:publicnotice@ecm-inc.com Specify address for the Known Office of Issue for your paper: 15322 Galaxie Avenue#2I9 Apple Valley,MN 55124 Specify address for the Secondary Office of Issue for your paper Note:if your newspaper has a Secondary Office within the City of Issue and wishes to be considered for designation pursuant to the exception provided in law, please include the following: a sworn statement by the newspaper publisher, verified by a recognized independent circulation auditing agency,covering a period of at least one year ending no earlier than 60 days before designation of the newspaper, stating that the newspaper's circulation reaches not fewer than 75 percent of the households within the political subdivision; the newspaper has provided regular coverage of the proceedings of the governing body of the political subdivision and will continue to do so. Please also note that the law authorizes designation under this exception only if the governing body votes unanimously to designate the newspaper and,if the circulation of a newspaper designated under this subdivision falls below 75 percent of the households within the political subdivision at any time within the term of its designation as official newspaper,its qualification to publish public notices for the political subdivision terminates. Provide the approximate readership of the newspaper: Total Circ is 12,700 x 1.75=22,225 Readers Provide the circulation or readership within the city of Farmington: 7723 including"bulk drops. Provide the circulation within zip code 55024: 7358 (6961 households) Provide the delivery method for the newspaper:Free via carrier through ECM Distribution Frequency of publication:Weekly on Thursday • Legal notice deadline:Tuesday at 4pm 70189 3 Indicate whether newspaper is compatible with Microsoft Word: Yes Indicate whether newspaper is compatible with Adobe Reader: Yes If the newspaper is not compatible with Microsoft Word and Adobe Reader,identify what electronic means the newspaper would use to accept communications from the city: Identify the number of characters and spaces that your publication uses per line 35 Identify the type size, in points, of legal notices (must be a minimum of six points): 7pt Price per inch for printing legal notices: $6.00 Note: The maximum rate charged for publication of a public notice shall not exceed the lowest classified rate paid by commercial users for comparable space in the newspapers in which the public notice appears,and shall include all cash discounts,multiple insertion discounts,and similar benefits extended to the newspaper's regular customers. Provide the lowest classified rate for commercial users as described above: $36 per column inch 70189 4 AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF FARMINGTON AND CAMPBELL KNUTSON,Professional Association THIS AGREEMENT, effective January 1, 2017, is by and between the CITY OF FARMINGTON, a Minnesota municipal corporation ("City") and CAMPBELL KNUTSON, Professional Association,a Minnesota corporation("Attorney"). NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto agree as follows: 1. SERVICES AND RELATIONSHIP. A. The Attorney shall furnish and perform general civil municipal and criminal prosecution legal services for the City. B. The Attorney shall be engaged as an independent contractor and not as a City employee. The Attorney is free to contract with other entities. 2. TERM. A. The Attorney shall serve at the pleasure of the City Council, and this Agreement may be terminated without cause by action of the City Council. B. The Attorney may terminate this Agreement at any time, provided that the Attorney shall give the City ninety(90)days written notice before the termination becomes effective. 3. FEES. A. Campbell Knutson will provide civil municipal and criminal prosecution legal services to the City, billed at the following hourly rates with a minimum increment of two-tenths of an hour: 167961v3 1 Civil Municipal 2017 2018 Partners $159.00 $162.00 Associate Attorneys $139.00 $142.00 Legal Assistants/Law Clerks $ 86.00 $ 88.00 Legal services included are: • Attending all City Council meetings, other City board, commission or committee meetings as required by the City Council or City Administrator. • Drafting ordinances, resolutions, and correspondence as requested, not including comprehensive revisions or updates of official controls or codification of the City Code. • Reviewing all Council and Planning Commission agenda items and minutes. • Meetings and/or telephone conversations with and advising Mayor, Councilmembers, City Administrator, Department Heads and other staff on general legal matters. • Reviewing municipal contracts, including contracts for public improvements, developments,joint powers agreements, construction and purchase of equipment. • Consulting on employment related issues. • Researching and submission of legal opinions on municipal or other legal matters requested by City staff or City Administrator. • Meetings with the City Administrator and Department Heads as needed to review Council agenda items, the status of all legal matters before the City and, as requested, the provision of a written status report on current litigation and unresolved matters. • Providing a legal briefing as requested to the City staff and Council regarding new or proposed legislation affecting municipal operations and activities. • Providing, on a periodic basis, written updates and training on new state or federal legislation or judicial decisions impacting the City, and suggesting action or changes in operations or procedures to assure compliance. • Reviewing bonds, deeds, securities and insurance requirements required by and for City contracts or activities. • Reviewing documents submitted by bond counsel involving the issuance of debt or debt related instruments and provide opinions as requested or required. • Civil litigation, condemnation and other civil actions. B. Prosecution: Campbell Knutson will provide criminal prosecution legal services to the City,billed at the following hourly rates: Prosecution 2017 2018 Partners $149.00 $152.00 Associate Attorneys $134.00 $137.00 Legal Assistants/Law Clerks $ 86.00 $ 88.00 167961v3 2 C. Pass Through: The customary hourly rate of the attorney doing the work, ranging from $160.00 to $320.00 per hour, for legal services that are to be passed through to third parties according to the City's policies. D. Costs: Out-of-pocket costs without mark-up. Costs include: • Westlaw research • Recording/filing fees • Postage of 500 or more • Photocopies at 200 per copy • Long distance telephone calls • Miscellaneous litigation E. Payments for legal services provided the City shall be made in the manner provided by law. The City will normally pay for services within thirty (30) days of receipt of a statement for services rendered. 4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to protect Attorney against claims for legal malpractice. 5. MISCELLANEOUS. A. Governing Law: This Agreement shall be governed by the laws of the State of Minnesota. B. Assignment: The Attorney may not assign or refer any of the legal services to be performed hereunder without the written consent of the Farmington City Council. C. Conflicts: Attorney shall not accept representation of a new client that constitutes a conflict of interest with the City. The Attorney shall handle any conflict that arises with the City in the same manner as the Attorney handles conflicts with any other public client. If a conflict develops between an existing public client of Attorney and the City, such that Attorney has an ethical conflict of interest,Attorney shall inform the City of the conflict. Attorney may: 167961 v3 3 i) withdraw from representation of both parties; ii) represent both parties with the informed consent of both parties; or iii) represent one client and withdraw from representation of the other client, with the informed consent of that client. D. Effective Date: This Agreement shall become effective upon its execution by the City and the Attorney. This Agreement shall not be modified or amended without the approval in writing of the Farmington City Council. Dated: �„ y ,201,2_. CITY OF FARMINGTON By: Todd Larson,Mayor By: QLA ' 6 vid McKni t, ' Administrator Dated: f C(,. ( . ,201k. CAMPBELL KNUTSON Professional Association ,/ Joel J-7 J.,.•(' , ''''' ice President By: C, . Ellis..',,,: . Knetsch,Its Vice President 167961v3 4 /o (1 ) 4FARsiy�� City of Farmington 430 Third Street `.<r1 Farmington,Minnesota %4, 651.280.6800•Fax 651.280.6899 M1 PRS www.ci.£arcnington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Robin Hanson,Finance Director SUBJECT: Official Depositories of City Funds DATE: January 3,2017 INTRODUCTION Each year,official depositories of funds have been designated by the City Council. In accordance with statute and city policy,the following vendors are recommended as depositories for fiscal year 2017: Anchor Bank of Farmington Morgan Stanley Oppenheimer&Co.,Inc. RBC Capital Markets Roundbank(Farmington) Wells Fargo Securities These depositories have received and will comply with the city investment policy. There was no change to the investment policy in 2016, BUDGET IMPACT Revenues from investment interest are in the 2017 budget. ACTION REQUESTED Staff is recommending Council designate the above as city depositories for 2017. RESOLUTION NO. R1-17 DESIGNATING DATA PRACTICES RESPONSIBLE AUTHORITY AND DATA PRACTICES COMPLIANCE OFFICER Pursuant to due call and notice thereof, a regular meeting of the City Council of the city of Farmington, Minnesota,was held in the Council Chambers of said city on the 3rd day of January 2017 at 7:00 p.m. Members Present: Larson, Bartholomay, Craig, Donnelly,Pitcher Members Absent: None Member Bartholomay introduced and Member Pitcher seconded the following: WHEREAS,The Minnesota Data Practices Law requires the city to appoint a Responsible Authority. NOW,THEREFORE,BE IT RESOLVED the City Council of Farmington,Minnesota, hereby appoints David McKnight, City Administrator, as the Responsible Authority pursuant to Minnesota Data Practices statutes and Brian Lindquist as Responsible Authority for law enforcement. BE IT FURTHER RESOLVED that the City Council hereby appoints Brenda Wendlandt as Data Practices Compliance Officer. This resolution adopted by recorded vote of the Farmington City Council in open session on the 3rd day of January 2017. Mayor Attested to the day of January 2017. AchninijilstratSti SEAL /e)ct 6:2) CITY COUNCIL BY-LAWS SCOPE These by-laws are proposed pursuant to the provisions of Title I,Chapter 5, Section 2 of the Farmington City Code. These by-laws,when adopted,are intended to deal with matters not otherwise covered by state law,city ordinance or elsewhere. • SECTION I-MEETINGS SUBD. 1 -Regular meetings of the city council shall be held on the first(1st)and third(3rd)Monday of each month at 7:00 p.m. Any regular meeting falling upon a holiday shall be held on the next following business day at the same time and place. All meetings,including special and adjourned meetings,shall be held in the City Hall unless otherwise designated. SUED.2-Special meetings of the city council may be called by the Mayor or by any two members of the city council in writing,filed with the Clerk. At least three days before the meeting,the Clerk shall notify each member of the time,place and purpose of the meeting by electronic notice to be sent to him/her personally. At least three days prior to the meeting,the Clerk shall also post notice of the meeting and notify each person who has filed a written request for notice of special meetings. Emergency meetings may be held because of circumstances that,in the judgment of the city council, require immediate attention. Notification requirements shall be suspended for special meetings except that the Clerk must make a good faith effort to contact each city council member and persons filing a request for written notice. The notice of special meeting shall state the item(s)to be discussed and possibly acted upon. Items not stated in the notice may be discussed,but no action may be taken if any member objects. Any special meeting attended by a majority of the Councilmembers shall be a valid meeting for the transaction of any business that may come before the meeting. SUED.3-At the first regular city council meeting in January of each year,the city council shall: (1) designate the depositories of city funds; (2)designate the official newspaper; (3)pursuant to this section,choose an Acting Mayor from the trustees,who shall perform the duties of the Mayor during the disability or absence of the Mayor from the city,or in case of a vacancy in the office of Mayor, until a successor has been appointed and qualifies. The Acting Mayor shall be selected as follows: Odd Numbered Year-Member serving third year of term who received the most votes when elected; Even Numbered Year-Member serving fourth year of term who received the second most votes when elected. SUED.4-Commission appointments for boards and commissions shall be made at the second regular meeting of each year. All appointments will be made from applications that have been filed with the Clerk. All applications submitted shall be retained for a period of one year to serve as a file from which appointments can be made during the year if needed. SURD.5-All city council meetings,as defined by State Law,including special and adjourned meetings shall be open to the public. The city attorney shall advise the city council,in writing,as to his interpretations of the State"Open Meeting Law." All new members shall be provided such written interpretation and briefed on such by the city attorney. The attorney shall bring any changes in his interpretation to the attention of the city council,in writing,and have the subject placed on the agenda for discussion. 1 SUBD.6—The city council shall adopt such policies that will ensure an orderly,mutually respectful and appropriate public meeting atmosphere conducive to the proper conduct of city affairs and business.Rules governing the conduct of the meeting shall be enforceable by the presiding officer, typically the Mayor,or any other such councilmember in the absence of the Mayor.The city council may adopt such rules as a separate city council policy and may make such changes in policy as . deemed appropriate. SECTION II-PRESIDING OFFICER;RULES OF ORDER SUBD. 1 -The Mayor'shall preside at all meetings of the city council. In the absence of the Mayor, the Acting Mayor shall preside. In.the absence of both,the Clerk shall call the meeting to order and shall preside until the city council members present at the meeting choose one of their members to act temporarily as presiding officer. SUBD.2-The presiding officer shall preserve order,enforce the rule of procedure herein prescribed, and determine all questions of procedure and order. Except as otherwise provided by statute or by these rules,the proceedings of the city council shall be conducted in accordance with the following rules of order. A. A motion must be seconded before being considered by the city council,and the mover,as well as the seconder,must be recognized by the presiding officer. B. Any motion may be withdrawn by its mover with the consent of his/her second. But a motion, once debated,cannot be withdrawn except by majority vote of the city council. C. A motion will not be subject to debate until it has been stated by the presiding officer and s/he has opened it to debate. D. Each member,while speaking,shall confine him/herself to the question at hand and avoid all personal,indecorous or sarcastic language. E. Whenever any member of the city council desires to speak on any question which affects him/her personally,s/he shall first vacate his chair and shall not resume his seat until the matter under consideration has been acted upon. He shall be allowed to make comments on the question as a private citizen. F. Whenever public hearings are held,the presiding officer,during the open hearing,shall allow any member of the public present,the privilege of speaking. A reasonable time shall be allowed to anyone as long as they are not repeating points already made. The public will conduct themselves in the same manner as would be expected from the city council. The presiding officer shall be responsible for the public's conduct and may rule anyone out of order. G. During times at any meeting,the presiding officer will allow the public to participate as long as there is reason to believe the input is beneficial. SUBD.3-Any member may appeal to the city council from a ruling of the presiding officer. If the appeal is seconded,the appealing member may speak first on the reason for his appeal. General discussion can then take place on the appeal before a vote. The appeal shall be sustained if it is approved by a majority of the members present. 2 SECTION III-AGENDAS SUBD. 1-The agenda shall be prepared by the Clerk and shall be closed at noon on the Wednesday preceding the meeting for publication purposes. Items added after this time must be listed as supplemental and presented to city council under the"Approve Agenda"section of the meeting. SUBD.2-The agenda packet shall be distributed electronically to the city council by 6:00 p.m.on the Thursday preceding the city council meeting. SUED.3 -Any councilmember can place an item on the agenda by so instructing the Clerk. SUBD.4-No item shall be placed on the agenda unless the item is expressed in such a way as to clearly show the subject matter involved. SUBD.5-The agenda shall be subject to approval by a majority vote of the members present. Items not on the agenda may be discussed,but no action may be taken if any member objects. SUED. 6-A consent agenda may be included as part of the agenda,to be approved by a unanimous vote of the city council. Items may be removed from the consent agenda by request of the Mayor or councilmembers. SECTION IV-ORDER OF BUSINESS SUBD. 1 -Each meeting of the city council shall convene at the time and place appointed therefore. City council business shall be conducted in the following order: (1) Call to Order (2) Pledge of Allegiance (3) Roll Call (4) Approve Agenda (5) Announcements (6) Citizen Comments (7) Consent Agenda (8) Public Hearings (9) Award of Contracts (10) Petitions,Requests and Communications (11) Unfinished Business (12) New Business (13) City Council Roundtable 3 (14) Adjourn SUED.2-The order of business may be varied by the presiding officer,with the scheduled time of a public hearing publicly specified as concurrent with that of the time of the city council meeting. Public hearings scheduled shall then be opened by the presiding officer in the order they appear on the agenda,or may be varied to facilitate the efficient conduct of city council business. SUED.3-Each person shall be allowed a maximum of five minutes to address the city council under Citizen Comments. SECTION V-MINUTES SUED. I -Minutes of each city council meeting shall be kept by the Clerk,or,in his absence,his designee. In the absence of both,the presiding officer shall appoint a secretary pro tem. Ordinances, resolutions and claims need not be recorded in full in the minutes if they appear in other permanent records of the Clerk and can be accurately identified from the description given in the minutes. SUED.2-The minutes of each meeting shall be reduced to typewritten form,shall be signed by the taker, and included in the agenda packet for approval at the next city council meeting. The minutes are placed under the consent agenda. The minutes need not be read aloud,but a member shall request the minutes be pulled from the consent agenda for separate vote if there are any additions or corrections or the member was absent from the meeting and would need to abstain from voting on said minutes. SUBD.3-Executive sessions recorded pursuant to State Law shall follow State guidelines. SUBD.4-The minutes shall substantially follow the following format: M1NU 1'hS CITY COUNCIL MEETING (REGULAR OR SPECIAL)MEETING DATE 1. Presiding officer,time and place of meeting. 2. Members Present and Absent,time any member arrives late or leaves early. The time shall also be recorded in the text of the minutes. 3. Summaries of all discussions,communications,decisions,including a copy of each motion exactly as stated,whether or not the motion had a second and,if so,whether or not it was adopted,and a record of the vote. (Complete copies of resolutions or ordinances are not required to be recorded as part of the minutes.) 4. Time of adjournment. • SECTION VI-QUORUM AND VOTING SUBD. 1 -At all city council meetings a majority of all the councilmembers elected shall constitute a quorum for the transaction of business. SUED.2-The votes of members on any question pending before the city council shall be by roll call,except for the following agenda items: approval of the agenda;approval of the minutes; 4 • approval of the consent agenda; and adjournment. The Clerk shall call the roll on a rotating basis. The names of those voting for and against the question shall be recorded in the minutes. If any member,being present,does not vote,the minutes shall be stated"Abstain: Name." SUED.3 -Except as otherwise provided by statute,a majority vote of a quorum shall prevail. SECTION VII-ORDINANCES,RESOLUTIONS,MOTIONS,PETITIONS AND COMMUNICATIONS SUBD.1 -If requested by any member of the city council,every ordinance and resolution shall be presented in writing and shall be read in full before a vote is taken thereon. All motions shall be recorded in the minutes and stated in full before they are submitted to a vote by the presiding officer. All petitions and other communications addressed to the city council shall be in writing and shall be read in full upon presentation of the same to the city council. They shall then be recorded in the minutes by title and filed in the office of the Clerk. SUED.2-Every ordinance and resolution passed by the city council shall be signed by the Mayor, attested by the Clerk,and filed by him/her in the ordinance or resolution electronic file. Proof of publication of every ordinance shall be on file in the office of the Clerk. SUBD.3 -Every ordinance and resolution repealing a previous ordinance or resolution or a section or subdivision thereof shall give the number,if any, and the title of the ordinance or resolution to be repealed in whole or in part. No ordinance or resolution or section or subdivision thereof,shall be amended by reference to title alone,but such an amending ordinance or resolution shall set forth in full each section or subdivision to be amended. SECTION VIII-ADMINISTRATOR REVIEW SUBD. 1 -The city council shall conduct an annual review of the city administrator. The procedure shall be substantially as follows: A. The administrator shall distribute a city council approved evaluation form on or before the anniversary of the administrator's appointment. B. Councilmembers shall complete the prescribed form and schedule a special meeting to evaluate the administrator based upon the written evaluations submitted. C. The completed evaluation form shall be submitted to the city attorney within 21 days from the date the evaluation document is received by city council. D. The city attorney shall tabulate the results of the evaluation without any reference to individual councilmembers. E. The city council shall consider the tabulated results during a regular meeting following the special meeting to evaluate the administrator and may take action accordingly. SECTION IX-BOARDS AND COMMISSIONS;MINIMUM PERFORMANCE SUBD. 1 -There shall be submitted to the city council at the first meeting of January of each year,an attendance report of various boards and commissions and the city council. 5 SUED.2—Attendance reports shall be submitted to the city council on the following citizen involvement in boards and commissions: Water Board,PIanning Commission,Parks and Recreation Advisory Commission,Rambling River Center Advisory Board,Heritage Preservation Commission and Economic Development Authority. SUED. 3 -Reports shall state the number of regular and special meetings held and the total number of meetings attended by each member. SUED.4-It shall be the goal of the city council to meet at least one time per year with each board and commission on an informal basis. Such meeting shall not be held in conjunction with a regularly scheduled meeting of the city council,board or commission. SECTION X-AUTHORIZED EXPENDITURES AND REIMBURSEMENTS SUBD.1 -Definitions For the purpose of this section,the following terms shall have these meanings given them. Authorized Person: The Mayor or any Councilmember. Authorized Expenditure: Expenditures made on behalf of the city for a public purpose as determined by the city council. Authorized expenditures shall include,but not be limited to,the following: Travel (except auto mileage within 25 miles),meals,registration,tuition,course materials. Official Function: Any function which is for a public purpose as determined by the city council. Official functions shall include,but not be limited to,the following: city council meetings outside of the city limits,League of Minnesota Cities functions,training sessions,education courses,official city business,legislative meetings,seminars,meetings where city representation is requested. SUED.2-An authorized person may be reimbursed for all authorized expenditures incurred for attending an official function provided that the following conditions are met: A. The expenditures must be for a public purpose as determined by the city council. B. The city council must be authorized to make the expenditure. C. The money must have actually been spent on behalf of the city,except as provided under Subdivision 3(C)(2). D. The city council has approved the request to attend an official function except as provided under Subdivision 3(C)(1). SUED.3-Procedure: A. A request to attend an official function,or to request reimbursement for attending an official function shall be submitted to the city council on an authorized form for consideration as soon as reasonably possible. B. The city council shall either approve the request provided that the conditions set forth under Subdivision 2(A)(B)(C)are met,or deny the request. 6 C. The person may submit a list of itemized expenditures on an authorized form for city council action as follows: 1. Reimbursements for expenses may be submitted for city council consideration. 2. The city council may advance the estimated cost of traveling to and attending the function, provided the person submits a list of itemized authorized expenditures,and reimburse the city for any unused portion. SUBD. 4-The Mayor shall be reimbursed on a monthly basis as set forth in the annual operating budget,provided that the Mayor submit an affidavit of expenses for the allocated amount. SECTION XI-SUSPENSION OR AMENDMENT OF BY-LAWS SUBD. 1 -These by-laws may be temporarily suspended by a unanimous vote of the members present. SUBD.2 -These by-laws shall not be repealed or amended except by a majority vote of the whole city council after notice has been given at some preceding city council meeting. SECTION XII-EFFECTIVE DATE SUBD.1 -These by-laws have been adopted by the city council on the 6th day of September, 1983 and become effective on the first day following publication of the same in the official newspaper. Adopted: 9/6/83 Effective: 10/3/83 Reviewed: 1/3/12, 1/7/13, 1/6/14, 1/5/15, 1/4/16, 1/3/2017 Amended: 8/03/87, 1/21/92,4/20/92, 8/17/92,2/01/93,7/18/94,9/06/94, 1/17/95, 1/16/96,3/03/97, 11/03/97, 1/05/98,2/1/99, 1/18/05,2/2/09, 1/3/12; 1/5/15,7/5/2016 • 7 COUNCIL POLICY-01. Council-Resident Complaint Resolution Process The handling and resolution of resident complaints is a very high service priority for council and staff. In order to effectively and efficiently address resident complaints brought directly to Council members,the following procedures and value statements are proposed: a) If a Council member is uncertain as to the proper referring department of a resident service complaint,she or he is encouraged to contact the City Administrator,or if the referring service department is known, the Council member is encouraged to contact the Department Director directly. Consequently, all resident service complaints or process questions should be taken either to the City Administrator or to the affected Department Director to maintain consistency in service communications, accuracy, appropriate management accountability, and general courtesy to the managing director. b) All resident service complaints or concerns are important, however, in order to effectively resolve the issue and maintain consistency in resolving existing service priorities, a reasonable amount of time may be required to address the issue in the order received. In complaint situations where the level of difficulty is high and/or some amount of time is needed to focus organizational resources on the issue, Council members and the respective resident will be updated on the status. c) In situations where either the City Administrator or Department Director is unavailable, leaving a detailed message on voice mail is encouraged. Staff will respond to these messages within a reasonable amount of time, usually within the day or next business day at the latest. d) The reporting Council member will receive service feedback on the complaint by the responding department director/designated staff person or the City Administrator upon resolution or as may be requested by the Council member. e) Once the resident service complaint is brought to the attention of the City Administrator/Department Director, it is expected that staff will handle the issue exclusively to ensure direct communications with the resident, and will handle the issue in question according to the City Code,professional judgment and reasonable service time frames. f) Council members are encouraged to refer the resident to the appropriate department director, or indicate that the administrator or department director will contact them on their respective concerns. • Adopted 10/6/97 COUNCIL POLICY-02 Council-Staff Communication Protocol In order to maintain a consistent, open, and mutually productive relationship, it is encouraged that Council members communicate with the administrator or appropriate department director on all service related issues. It is important that when a service related issue affecting the organization is in question, that the administrator or affected department director is notified to provide Council with a senior level management response. Adopted 10/6/97 COUNCIL POLICY-03 Council Expectations of Staff Work Assignments All City-related issues will be objectively and professionally reviewed by staff. Staff research and concluding opinions will be based upon all available relevant sources of data, and based upon respective staff expertise. Staff is hired to provide Council with professional expertise on a variety of subjects and issues to be presented in an unbiased, objective manner. Council is free at all times to question staff rationale,process, and procedures issues and associated background information,but should allow staff to exercise their professional judgment with confidence. Adopted 10/6/97 COUNCIL POLICY-04 Council-Management Team Statement of Commitment to Productive Working Relationship Council and staff roles are mutually supportive and respectful;committed to working together as a team. Keeping communication lines open, mutually respectful and honest are key to a productive, high-quality and mentally healthy work environment. Staff respects Council's role as that of preeminent policy maker on all issues affecting the community. Conversely, Council respects the management team's role as professional, competent managers committed to implementing Council policies in a credible,considered,and objective manner. Adopted 10/6/97 COUNCIL POLICY-05 CITY COMMISSION APPOINTMENT PROCESS Policy Purpose The purpose of this policy is to set forth the procedures to be used in appointing interested citizens to the City Commissions. The appointment of citizens to City advisory commissions and boards shall be made by the City Council on an annual basis to fill all expired terms. The Council shall conduct interviews of all qualified candidates to consider relevant qualifications and interests, and appoint such members as the Council deems in the best interest of the City. Commission seats vacated by resignation and/or removal shall be appointed by first reviewing any applications on file and/or any requests to be appointed by interested citizens having taken notice of an existing vacancy. If no applications are on file,the City shall solicit applications for appointment by advertisement in the legal newspaper and other public mediums as appropriate. Appointments to fill seats vacated by resignation and/or removal shall coincide with the normal expiration date of the seat and shall be made as soon as practical. Appointments to fill vacated seats during an unexpired term shall be in accordance with the City Code. Adopted 10/6/07 COUNCIL POLICY—06 Council Meeting/Public Hearing Citizen Participation Protocol POLICY PURPOSE The purpose of this policy is to establish guidelines for citizen participation at public meetings that will ensure that the following Council objectives are achieved. III Welcome and encourage citizen comments on matters of interest or concern ■ Preserve and promote the accurate exchange of information • Preserve the equal rights of citizens to communicate their views • Provide for an orderly,courteous,and efficient meeting • ■ Provide adequate time for Council to review and consider agenda items COUNCIL MEETING The following Council meeting guidelines are established and shall be enforceable by the Mayor or presiding Council member. The following guidelines may be amended by a majority vote of Council. 1. Questions are to be addressed to Council during the meeting; citizens are encouraged to contact City staff prior to or following the Council meeting for further information. Council is free to call upon or direct a question to staff as necessary or appropriate. 2. A citizen desiring to speak may do so only after being recognized by the Mayor. Upon recognition, the citizen should approach the podium and clearly state his/her name and address. 3. To allow for equal time, citizens are limited to five (5) minutes to address Council. 4. Complaints or concerns expressed during `Citizen Comments', and not on a regular Council meeting agenda, will be responded to by the next regularly scheduled Council meeting and placed on the Council Agenda. Citizens will receive a copy of the City's response prior to the next meeting. PUBLIC HEARING Citizen testimony, opinions, or questions at a public hearing are encouraged, and are considered by Council in their respective deliberations. The following guidelines are established by Council and are enforceable by the Mayor or the presiding Council member. 1. A member of the City staff will introduce and explain the agenda item. Effective 1/98 Amended 1/05 2. The Mayor will invite public comment and set a time limit for each speaker so that all citizens desiring to address the issue may have the opportunity to do so. A group of persons may select one spokesperson to speak for the group; that person may be granted more time at the Mayor's discretion. 3. A citizen desiring to speak may do so upon recognition by the Mayor. He/she shall approach the podium and state their name and address. Citizens not recognized by the Mayor shall refrain from interrupting a speaker who has been recognized as a matter of general courtesy. 4. Questions should be addressed to Council. Council is free to call upon or redirect a question to a staff member. Citizens are encouraged to contact staff members prior to or following the public hearing to obtain further information. 5. Each citizen will be permitted to address Council once during the meeting. At the Mayor's discretion, second comments may be heard if time exists or if new information is to be presented. 6. After citizen comments have been heard, Council will close the public portion of the hearing and then hold its own discussion on the issue. A decision may be made at this time or postponed until a later meeting. No further public comment on the topic will be allowed unless specifically invited by the Mayor. These guidelines may be amended upon a majority vote of the Council. Effective 1/98 Amended 1/05 COUNCIL POLICY-07 Council Workshop Protocols and Purpose POLICY PURPOSE The purpose of this policy is to establish guidelines and clarify the legislative nature and purpose of a Council Workshop. WORKSHOP DEFINITION Council workshops are special work sessions attended by Council. Designated as special informational opportunities for Council, as a whole, to address, examine, and formulate legislative positions on a variety of complex policy issues affecting the community at local,state, and federal levels. WORKSHOP PROTOCOLS The following guidelines have been adopted by Council to establish an appropriate framework for Council workshops to ensure a productive, team oriented and conducive work session environment. • Because the work sessions are attended by a quorum of the City Council, they are considered public meetings subject to the state Open Meeting Law. • Any Council member may request that a workshop be held to discuss a matter,however, items will only be scheduled for a work session by a majority of the Council. ■ The Mayor or Acting Mayor, as meeting chair, shall endeavor to provide all members with an opportunity to participate in workshop discussions. ■ Because Council workshops are primarily held for the benefit of locally elected officials to further study, evaluate, and understand complex community issues and their related policy implications, no official actions will be taken by Council and there may be limits placed on the participation of interested individuals and organizations. ■ Issues to be studied at Council workshops shall be publicly identified and appropriately publicized. Agendas shall be prepared in accordance with the issues to be discussed by Council. • Workshop meeting dates,when requested and approved by Council, shall be scheduled as needed and meet the requirements of the Open Meeting Law. WORKSHOP FORMAT As the intent of a Council workshop is designed to facilitate a better understanding of legislative issues before Council,members shall have the opportunity to freely express their thoughts,ideas and concerns in order to fully explore the issues before coming to a final policy position. As Council workshops are conducted as an informal work session, all discussions shall be Adopted 10/6/97 considered fact-finding, hypothetical and unofficial critical thinking exercises, which do not reflect an official public position. • While individual and group positions may be formed as part of this process,no official vote shall be taken. Should Council express consensus of opinion on any given matter under deliberation at a workshop, Council members reserve the right to modify, amend, or change their positions prior to an official vote. PUBLIC INFORMATION STATEMENT Council work session outcomes should not be construed by the attending public and/or reporting media as the articulation of a formal City policy position. Only official Council action normally taken at a regularly scheduled Council meeting should be considered as a formal expression of the City's position on any given matter. This policy may be amended by a majority vote of Council as deemed necessary and approptiate. Adopted 10/6/97